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MINUTES <br />PLANNING COMMISSION <br />OCTOBER 10, 1996 <br />Inspector if he could have a curb cut on DeSoto Street <br />if the shed was relocated to the back yard. The <br />Building Inspector has indicated only one curb cut is <br />allowed per single - family dwelling. <br />DeLonais pointed out that the City has acknowledged it <br />made a mistake in issuing the building permit for the <br />shed. However, if the City approves a variance to let <br />the shed remain in the side yard setback, it will have <br />set a precedent. <br />Thorp pointed out there are other properties in Little <br />Canada which have sheds in set back areas. Thorp <br />indicated he feels he is being penalized for applying <br />for a building permit for the shed since those who did <br />not apply have their sheds where they want them. <br />Knudsen reported that sheds within the set back area is <br />a code enforcement issue. <br />Thorp reported there is another complaint on sheds in <br />his neighborhood which is being overlooked because the <br />individual has compiled a list of 70 non - conforming <br />sheds in the City. <br />Barraclough asked Thorp what he would have done if the <br />City had not issued the building permit. Barraclough <br />pointed out that at its last meeting, the Planning <br />Commission tried to justify the variance. However, it <br />is obvious no hardship exists. <br />Carson pointed out that the City has agreed to take <br />care of the expense for relocating the shed. <br />Mrs. Thorp asked the harm of leaving the shed where it <br />is. She felt the shed was not an eyesore and was not <br />blocking visibility. <br />The City Planner replied that the issue is one of <br />precedent. The City would have to find that unique <br />circumstances existe in order to justify the variance. <br />Otherwise any other property owner with a corner lot <br />could request a variance for a shed within the side <br />yard setback. If that is the City's preference, then <br />the Code should be amended to allow this, rather than <br />using the variance process. The Codes must be applied <br />equally to everyone in the City, with no special <br />consideration unless there are unique circumstances <br />8 <br />Page 50 <br />