10-23-96 Council Minutes - Laserfiche WebLink

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MINUTE5 CITY COUNCIL ~CTOBER 23, 1996 REAR YARD SETBACK VARIANCE - 812 ASPEN CIRCLE - JEBENS The foregoing resolution was duly seconded by LaValle. Ayes (4) Scalze, LaValle, Fahey, Pedersen. Nays (0). Resolution declared adopted. Mr. Jebens appeared before the Council and reported that he has revised the plans for his porch so that a rear yard setback variance is no longer necessary. Jebens indicated he has made application for a building permit based on the revised plans, and is waiting for issuance of that permit. Fahey pointed out that staff has provided the variance criteria used by surrounding cities to determine whether a hardship is present. Fahey noted that the variance criteria used is tied to State Statute, and Little Canada's criteria is consistent. Fahey stated that after studying this information as well as the State Statute, the Council had no other choice but to deny the Sebens variance request. Jebens pointed out that the City's Code would allow a free-standing porch to be constructed to within 10 feet of the rear property line without the need for a variance. Scalze felt the Council should take a look at this ordinance provision with the intent to change it. Fahey noted that the basic intent of that provision is to allow sheds up to 10 feet from the rear property line. Council felt this issue should be debated at another time. LaValle agreed that in reviewing State Statute it is clear the Jebens variance request should be denied. Jebens thanked the Council for their consideration throughout the process. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 96-10-265 - DENYING THE JEBENS VARIANCE REQUEST TO ALLOW ENCROACHMENT OF A PORCH INTO THE REQUIRED REAR YARD SETBACK BASED ON THE FACT THERE IS NO HARDSHIP PRESENT TO WARRANT THE GRANTING OF THE VARIANCE. The foregoing resolution was duly seconded by Fahey. Ayes (4) Scalze, Fahey, Pedersen, LaValle. Nays (0). Resolution declared adopted. 8