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MINUTES <br />CITY COUNCIL <br />OCTOBER 23, 1996 <br />Thorp reported that it was pretty obvious where <br />property lines were. <br />The City Administrator indicated he was sure there were <br />sheds in town which do not comply with setbacks. <br />Having knowledge of these sheds and knowingly allowing <br />a shed to locate within the required setback is two <br />different things. The Administrator reported that from <br />a code enforcement standpoint, the City has not been <br />agressive in pursuing shed violators. <br />Fahey felt if the City approved this variance request, <br />it would have to approve the Jebens request for a rear <br />yard setback variance for a porch. <br />Thorp stated that he felt he was being singled out and <br />pointed out there are many sheds in the City which are <br />only a few years old and which violate setback <br />requirements. Thorp reported that he was trying to <br />follow the rules, and applied for a building permit for <br />his shed. The permit was issued, but once construction <br />was started, he was informed that the setback was in <br />violation. <br />Scalze pointed out that the setback requirement on a <br />corner lot is a public safety issue and is needed to <br />protect visibility. <br />Fahey indicated the list submitted by Mr. Thorp shows <br />the City has not been actively enforcing shed <br />violations. Fahey noted, however, that the Council <br />cannot knowingly approve a violation of the Code. <br />Fahey stated that it would be difficult to grant Thorp <br />a variance and not grant one to anyone else making the <br />same request. Fahey noted that some of the sheds on <br />the list provided by Mr. Thorp may have pre-existed the <br />ordinance, therefore, are grandfathered in. However, <br />the City will take a look at these sheds and take <br />action to correct those which violate the ordinance. <br />Fahey pointed out that the City has looked at setback <br />issues recently in relation to decks and found that <br />Little Canada's ordinance is less restrictive than <br />those of surrounding cities. <br />Mr. Thorp indicated that he has some pictures of his <br />shed which show it is not obstructing visibility. <br />There are also three of his neighbors present this <br />evening in support of the variance request. <br />Scalze replied that the City cannot grant or deny a <br />variance on the basis of what the neighbors say. <br />4 <br />