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MINUTES <br />CITY COUNCIL <br />SEPTEDffiER 25, 1996 <br />Code, the request does not meet the requirements for a <br />variance. Morelan felt perhaps the requirements were <br />too strict, and asked if they were required by State <br />law. <br />The City Planner replied that State Statute lists <br />certain rational for granting a variance, but he was <br />not sure how Little Canada's Code tracked with State <br />Statutes. The Planner did know that the Little Canada <br />Code tracked very closely with other communities. <br />Morelan felt the Code did not give the Council an <br />opportunity to look at the situation from a common <br />sense point of view. <br />Fahey felt the most important thing was to be <br />consistent. Whether or not the hardship definition is <br />too stringent is another debate. Fahey indicated he <br />would be uncomfortable granting a variance in this <br />situation and then denying someone the ability to put <br />an addition onto their home which extends in the <br />required back yard. Fahey asked under what <br />circumstances the City would allow building additions <br />to encroach into the required back yard. <br />Morelan suggested the variance criteria be changed, so <br />the City can look at these requests on a case-by-case <br />basis. <br />Fahey pointed out that the Council already loosened up <br />the variance procedure by allowing approval by simple <br />majority of the Council. There is supposed to be a <br />very unusual circumstance present to justify a <br />variance. Those circumstances cannot be due to actions <br />of the applicant or builder due to placement of the <br />house on the lot. <br />Morelan felt the Council should look at the Code and <br />make it more flexible. <br />Pedersen pointed out that Mr. Jebens is requesting a 7 <br />foot variance. Given the setback of the Jebens' house, <br />there is only 3 feet available to build a porch without <br />a variance. Mr. Jebens cannot make reasonable use of <br />his property within that 3 feet. <br />Scalze pointed out that there have been other variance <br />requests which the Council has denied because they felt <br />the house was too big for the property. <br />Morelan felt that using common sense and looking at <br />6 <br />