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MINUTES <br />CITY COUNCIL <br />MAY 25, 1999 <br />would result in the two structures being considered one. Scalze felt that <br />approval of this variance would set a precedent that could result in the <br />possibility ofthe creation of rental properties behind single-family homes. <br />Thul pointed out that the issue is the setback variance and indicated that <br />either way the structure would remain at a 26-foot setback from the rear <br />property line. <br />Scalze pointed out that the structure is currently a garage and it meets the <br />required setback. However, to chan~e the use to living space creates the <br />need for a 30-foot setback. Scalze was concerned that this converted <br />living space is really not attached to the Thul's house if the means of <br />attaching it is a covered walkway. <br />Fahey sug~;ested that Thul request a CUP far additional garage space. <br />Thul pointed out that he cannot since his total garage space would exceed <br />the 1,500 square foot maximum established in the Code. <br />The Council discussed a similar application by Mr. Battista for a <br />Conditional Use Permit for additional ~arage space that was denied by the <br />City. Fal~ey felt that what Mr. Thul was requestin~ was a unique way to <br />bend the Code to make what he wants to do fit. <br />Thul pointed out that the building will remain either way at the 26-foot <br />setback and indicated that he has no intentions of converting this back <br />garage area into an apartment. <br />Scalze pointed out that without the Variance the garage addition to the <br />house will not proceed. <br />Pedersen compared this application to that of Mr. Jebens for a rear yard <br />setback variance for a three-season porch. That application was also <br />denied due to the lack of a hardship. <br />Thul reported that two of his nei~hbors have CUP's f'or additional ~arage <br />space. It was pointed out that these neighbors have under the 1,500 square <br />foot maximum allowed by Code. <br />Scalze pointed out that a hardship is necessary in order to justify grantin~ <br />a variance. There is no hardship in this case and Thul is not being denied <br />the reasonable use of his property. <br />Fahey asked if the garage/workshop space at the back of the property was <br />constructed at the same time. <br />10 <br />