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MINUTES <br />CITY COUNCIL <br />MAY 25,1999 <br />Thul suggested that any property owner currently has the ability to attach <br />detached ~arage space to a house via a covered walkway and have the <br />structures considered as one under the present Code. Therefore, he did not <br />believe his Variance request would set a precedent. <br />Scalze pointed out that a variance ~rants a privile~e that is not available to <br />other property owners in the City. Therefore, a variance must be based on <br />a hardship that is unique to the property. That hardship cannot be <br />financial in nature. <br />Thul indicated that if he had known he could not covert his existing garage <br />space into living space, he would have changed his plans. <br />Fahey pointed out that Thul could move the garage in order to meet <br />setback requirements. <br />Thul pointed out that he wants an attached garage for security reasons. <br />Scalze felt that a creative architect might be able to figure out some <br />options for Mr. Thul. Fahey again suggested Thul move the existin~ <br />garage and attach it to the house. This would eliminate the question that <br />the space was being used for anything other than living quarters. <br />Thul felt the cost of moving the structure would be too great. Thul also <br />felt that he should have been advised of the setback issue a year ago when <br />he first discussed his plans with City staff <br />Scalze questioned whether City staff mislead Thul, pointing out that he is <br />very aware of the Code with regard to the covered passa~eway issue and <br />suggested that if he had researched further he would have determined <br />Code requirements relative to setbacks. Scalze felt that if the Thul <br />variance request is approved, there would be many property owners in the <br />City making the same request. <br />There was no one else present from the general public wishin~ to <br />comment on this matter. <br />Upon motion by LaValle, seconded by Pedersen, the public hearing was <br />closed. <br />Mrs. Scalze introduced the following resolution and moved its adoption: <br />RFS07, UTION NO. 99-5-124 - DENYING THE RICK THUL <br />APPI ICATION FOR I~ARIANCB FOR REAR YARD SET73ACK FOR <br />12 <br />