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MINUTES <br />City Council <br />Nov. 26, 1986 <br />Neamy <br />Property <br />Division <br />Agenda <br />Item No. <br />Mrs. Scalze pointed out that the Planning Commission took no action <br />on the Neamy property division. <br />Mr. Tom Moore, representing Mrs. Neamy, reported that he has researched <br />the records and cannot find a case similar to the Neamy property <br />12 division where the City granted a variance. Therefore, Moore is <br />proposing that rather than proceed with the variance request, if the <br />property division is approved, they will remove 4.5 feet from the <br />existing garage in order to meet setback requirements. <br />Moore asked if there was a restriction for how close a driveway could <br />be to a property line. <br />The Planner replied that driveways can be to the edge of a property <br />line. <br />Moore reported that at a later date Mrs. Heamy may construct another <br />garage on the back of her property. <br />Mr. Fahey felt that this would cut up the Neamy property. <br />3lesener suggested that a variance be granted for the side yard <br />setback, rather than requiring Neamy to remove a portion of the <br />existing garage. Blesener felt that removing part of the garage <br />would constitute a hardship. <br />Fahey pointed out that when the Neamy home was built, the City Code <br />only required a 5 -foot setback for a garage. <br />Scalze felt that a precedent would be set if a variance was granted <br />in this case. <br />Collova felt that a hardship exists because the Code was changed <br />after the Neamy home was constructed. <br />The City Attorney pointed out that the Code says the City cannot <br />create a lot that is substandard. <br />The Planner stated that the lot would be substandard in width, and <br />creation of the lot would require a variance. <br />Council reviewed the ordinance. The Attorney pointed out that the <br />ordinance allows the City to exempt some requirements when creating <br />a lot. However, an inadequate setback would require a variance. <br />Fahey agreed that City policy has been to not create lots that <br />would require a variance. <br />The Planner stated that he reviewed the variance requests for the <br />past 4 years and found one case similar to the Neamy request. <br />In that case a property owner was requesting a 5 foot lot width <br />variance, or a 5 foot setback variance. The Council denied the <br />request. <br />Page 34 <br />