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MINUTES <br />Planning Commission <br />October 8, 1987 <br />However, the Planner stated that he did not disagree with Timmons' <br />comments. However, the Commission had to decide to what extent it <br />wanted to enforce the City's ordinance. The property is a non - conforming <br />use and is zoned industrial. Does the City want to discourage the <br />further development of the park in an attempt to encourage the <br />redevelopment of the property. <br />Herkenhoff asked if there would be excessive noise from the repair of <br />equipment in the garage. <br />Anderson replied that there would not. <br />Herkenhoff recommended approval of the rear yard setback variance as <br />requested by Mr. Anderson for construction of a garage at the rear <br />of 3020 Rice Street provided that the garage conform to building code <br />requirements and subject to the comments of the City Attorney. <br />Motion seconded by Perlinger. <br />Motion failed. Herkenhoff and Perlinger voting in favor and <br />DeLonais, Davison and Timmons voting against. <br />Timmons stated that she was opposed as she felt the trailer court had <br />exceeded reasonable density of structures. <br />DeLonais stated that he opposed as he felt a precedent might be set <br />if approval were granted. <br />Foyt The Planner reported that Mr. Ron Foyt is requesting a side yard <br />Side Yard setback variance for his property at 2403 Reidmond Avenue. The reason <br />Setback for the request is the adjacent property owner constructed his house <br />Variance so that a portion of it is on the Foyt property. <br />The Planner reported that the Building Inspector who approved the <br />adjacent house is no longer with the City, so it is difficult to <br />construct what happened. The Planner reported that he is assuming <br />that the wrong property iron was located and the house incorrectly <br />stacked out by the engineer for the property owner. The Building <br />Inspector then relied on this information when approving the location <br />of the house. <br />Timmons questioned that the error was never discovered by anyone <br />including the mortgagor. <br />The Planner indicated that when a mistake is made early in the process <br />this can happen, as everyone is relying on everyone else's professional <br />expertise. The Planner noted that the surveyor or engineer for the <br />property owner lays out the stakes for the house, and the Building <br />Inspector then comes out and approves the house location relying on <br />the location of these stakes. However, the Planner reported that this <br />is purely speculation on his part as to what happened. <br />Page 5 <br />