07-22-2019 Council Packet - Laserfiche WebLink

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COUNCIL MINUTES July 8, 2019 DRAFT 3 Council Member Rafferty moved to accept the donation as recommended. Council Member Maher 85 seconded the motion. Motion carried on a voice vote 86 87 PUBLIC SERVICES DEPARTMENT REPORT 88 There was no report from the Public Services Department. 89 90 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 91 92 6A) Consider Resolution No. 19-75 Denying a Variance for Curb Cut/Driveway Width for 93 6626 Enid Trail – City Planner Larsen reviewed information on the request: 94 - Applicant for variance from driveway width (current); 95 - Building was done by Sharper Homes and the Certificate of Survey shows the proper width 96 from curb cut to property line; 97 - It came to the City’s attention that the width as constructed was not proper; 98 - Home was purchased during winter conditions; 99 - Noted that the driveway distance is lengthy but that doesn’t impact the width requirement; 100 - Other newly constructed homes in the vicinity are in compliance; 101 - Photos shown of home and driveway; 102 - Council and Planning & Zoning has discussed driveway width regulations; 103 - Staff recently sponsored a builders workshop to educate builders on regulations and plan 104 compliance; noted that this home was built before that workshop; 105 - Staff hasn’t found any hardship warranting a variance in this case. 106 107 Ms. Larsen noted that both the Planning and Zoning Board and staff are recommending denial of the 108 variance request. 109 110 Mayor Reinert noted that sometime during construction someone made a decision to not follow the 111 approved plans. He asked if the street set back (larger than usual) is a consideration and Ms. Larsen 112 explained why it is not. 113 114 Council Member Manthey noted that the size of non-compliance is much larger than situations where 115 the City has considered a variance. 116 117 Adam Neeck, property owner, addressed the council. Mr. Neeck and his wife noted the amount of 118 activities involved in building a new home and that when the driveway was put in they had no idea it 119 wasn’t in compliance. He has reviewed the City’s ordinance and he doesn’t see that the reasons for 120 the regulations actually apply in this case. The comparable driveway that was shown by staff isn’t 121 identical; with their property the driveway isn’t straight and was designed to be functional. 122 123 Mayor Reinert noted that he’d argue the same points he’s hearing if it was his property. The council, 124 however, has to consider the specific definition provided to them because every variance granted 125 essentially sets a precedent the council will have to live with in the future. He explained that the 126 council asked the Planning and Zoning Commission to look at regulation changes for driveway width 127 and they did not recommend any change. He sees that the builder or someone they hired did the 128