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MINUTES <br />CITY COUNCIL <br />JULY 27, 2011 <br />McGraw introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 2011 -7- 138 — APPROVING CONDITIONAL USE <br />PERMITS TOALLOWA COMMERCIAL USE (POOL <br />CONSTRUCTION, SERVICE, AND RETAIL SALES BUSINESS) IN <br />THE RESIDENTIAL- BUSINESS (R -B) ZONING DISTRICT AS <br />WELL AS CONSTRUCTION OFA 1,200 SQUARE FOOT GARAGE <br />FOR STORAGE OF BUSINESS- RELATED MATERIALS AND <br />SUPPLIES, 87 -89 COUNTY ROAD C, PRESTIGE POOLS, SUBJECT <br />TO COMPLIANCE WITH THE RECOMMENDATIONS OF THE <br />CITY PLANNER AND THE PLANNING COMMISSION, SUBJECT <br />TO MAXIMUM ROOF PITCH ON THE GARAGE WHILE <br />MAINTAINING COMPLIANCE WITH THE CODE, AND SUBJECT <br />TO COMPLIANCE WITH SETBACK REQUIREMENTS FOR THE <br />GARAGE <br />The foregoing resolution was duly seconded by Montour. <br />Ayes (5). <br />Nays (0). Resolution declared adopted. <br />VARIANCE — Blesener opened the Public Hearing to consider approval of a Variance <br />209 RYAN from the front yard setback requirements to allow the outdoor storage of <br />DRIVE — a large trailer in the front yard of 209 Ryan Drive on a seasonal basis. It <br />STANKE was noted that City staff and the Planning Commission have <br />recommended approval of the Variance. <br />The City Planner indicated that Roger Stanke is requesting a Variance to <br />allow him to store a trailer in the front yard of his property at 209 Ryan <br />Drive on a seasonal basis. The Planner noted that previously the Code <br />allowed outdoor storage in a front yard of the I -1 District provided it met <br />the 40 foot front yard setback requirements. The City changed the Code <br />prohibiting outdoor storage in the front yard. Therefore, the applicant is <br />requesting a Variance from this prohibition. <br />The Planner noted that the Legislature has changed the standards by which <br />Variance requests are considered. The hardship standards have been <br />changed and replaced with "practical difficulties" language. Practical <br />difficulties means that the property owner proposes to use the property in a <br />reasonable manner not permitted by the Zoning Ordinance, the plight of <br />the landowner is due to circumstances unique to the property and not <br />created by the landowner; and the Variance, if granted, will not alter the <br />essential character of the locality. <br />6 <br />