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MINUTES <br />CITY COUNCIL <br />OCTOBER 27, 1999 <br />Fahey agreed there was no justification to warrant granting the variance. <br />Mrs. Scalze introduced the following resolution and moved its adoption: <br />RESOl. UTION NO. 99-10-197 - DENYING THE VARIANCE FROM <br />THE BOULEVARD I.AND,SCAPING REQUIREMENTS OF FIVE <br />FEET THAT WAS REQUESTED ]3YMR. RUSS FISCHER FOR 208 <br />RYAN DRIVE 73ASED ON THL FACT THAT THE VARIANCE DOES <br />NOT MEET THE LEGAL REQUIREMENTS AS OUTI,INED IN THE <br />CITY CODE <br />The fore~oin~ resolution was duly seconded by Morelan. <br />Ayes (4) Scalze, Morelan, Pedersen, Fahey. <br />Nays (1) LaValle. Resolution declared adopted. <br />Fahey suggested that Mr. Fischer work with City staff to revise his site <br />plan to meet the requirements of the ordinance. <br />Fischer indicated that not only does he have poor soil conditions at the <br />rear of his building, but the soils on the east of the buildin~; are worse yet <br />Fahey noted the reports from the Public Works Director as well as a soils <br />engineer which indicate that soils will support pavin~. Fischer indicated <br />that the paving will break up and reported that his building has sunk. <br />Fischer reported that this is why he has had Frattalone do some drainage <br />work in the front of his building. <br />Fahey again noted that engineering reports indicate there are two options <br />that work for paving the property. Without a contrary report, the Council <br />must rely on this information. <br />Fischer noted that the paving wil( cost $30,000 and indicated that he <br />believed is would break up within five years because of the soil <br />conditions. Fischer pointed out that his building is on a concrete slab with <br />rebar and the building has sunk. Fischer questioned why the City feels <br />bituminous will not sink. <br />Again, Fahey indicated that the soils report states that bituminous can be <br />supported. Fahey su~gested that Mr. Fischer work with staff to revise his <br />site plan. <br />Mr. Morelan introduced the following resolution and moved its adoption: <br />