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MINUTES <br />PLANNING COMMISSION <br />OCTOBER 10, 1996 <br />Thorp indicated the only location where the shed will <br />meet setback requirements is the middle of his back <br />yard. This would take away his children's play area. <br />Thorp stated that he did not want his children playing <br />in the side yard due to traffic speeds on DeSoto <br />Street. <br />Montour asked how many variance denials have been <br />appealed. <br />The Planner replied that appeals are rare, but there <br />have been a few. <br />Montour asked what has changed or what new information <br />is there to cause Thorp to appeal the decision. <br />Thorp indicated that since the denial he discussed the <br />appeal process with the City Administrator. Thorp also <br />indicated he asked the Administrator if there had been <br />any complaints about the shed or his business, and was <br />told there had not been. However, Thorp's neighbor <br />across the street informed Thorp that he had complained <br />to City Hall. Thorp indicated this is the only <br />neighbor who has expressed any concerns. <br />The City Planner reported that the City Council had <br />considerable discussion on both sides of the variance <br />issue. The Planner indicated that without a hardship, <br />the setback requirement for a corner lot applies to <br />Thorp's shed. Council felt there was no hardship <br />present to warrant granting the variance. <br />Thorp suggested that when he applied for the building <br />permit, City staff should have checked a map and <br />determined that this was a corner lot. <br />The City Planner acknowledged a mistake was made and a <br />building permit is usually not issued without a site <br />plan having been submitted. The City has admitted it <br />made a mistake, and indicated a willingness to relocate <br />the shed to comply with setback requirements. <br />Thorp reported that when he first applied for a <br />building permit, he was told the shed could be 10 feet <br />from the property line. Thorp indicated he was unaware <br />there were different setback requirements for a corner <br />lot. Therefore, he began construction of the shed <br />after obtaining the building permit. Now he has been <br />6 <br />Page 48 <br />