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COUNCIL MINUTES <br />196 - Planning and Zoning Board approval (4-3 vote) and recommendation to present ordinance <br />197 amendment; <br />198 - Requested council action. <br />199 Councilmember Ruhland remarked that he was on Planning and Zoning at a time when a variance for <br />200 a similar situation was approved. He recalls in that situation, it was difficult to see the difference in <br />201 the roof when it was installed. For this site, he has looked at Google Earth and thinks the impact to <br />202 the area is minimal. He doesn't approve of the council having to consider this after the fact. In <br />203 consideration of changing the ordinance, he pointed out that a denial tonight may end up with the <br />204 situation being allowed under new regulations. Mayor Rafferty noted that tonight's discussion is only <br />205 about the variance. <br />206 Councilmember Cavegn asked if there are materials that will still be purchased. If so, and the variance <br />207 is grant those materials should be up to City Code requirements. <br />208 <br />209 The property owner (Kathleen Behr, 7831 Lake Drive) explained how minimal the difference will be <br />210 and how few people would be impacted or would probably even notice. She added that when she <br />211 purchased the roofing materials, they were identified for residential use. She also has labor issues <br />212 since the warm weather that will allow the installation is passing quickly. The project is related to <br />213 storm damage and she explained that the metal roofs should be much more durable. <br />214 Councilmember Stoesz recognized that the materials are already purchased but a variance is serious <br />215 and he will probably not support it. <br />216 Mayor Rafferty noted that the City has regulations and they must be followed. He doesn't believe <br />217 that a house being out of sight allows someone to not follow the rules. He expects that some of the <br />218 materials could be returned. <br />219 Ms. Behr noted that she has $3,000 into the project (including the variance cost) and it's become <br />220 something that she can't afford. <br />221 Mayor Rafferty said he favors the ordinance as it is written. <br />222 Councilmember Lyden said he thinks in life that kindness matters. He sees the Planning and Zoning <br />223 Board recommendation to approve. He also noted that Mayor Rafferty was on the council when. the <br />224 previous variance was approved. <br />225 Councilmember Cavegn offered a proposal to allow the project for the materials already purchased but <br />226 require code compliance for the other buildings on the property. <br />227 Councilmember Lyden moved to approve the product that the applicant has bought and allow the <br />228 purchase of additional same materials for the other garages. Councilmember Stoesz seconded the <br />229 motion. Councilmember Stoesz withdrew his second. Motion failed for lack of second. <br />230 Councilmember Cavegn moved to approve a variance for the home but not the two garages. <br />231 Councilmember Ruhland seconded the motion. Motion carried on a voice vote; Councilmember <br />232 Stoesz and Mayor Rafferty recorded as voting no. <br />233 6D) Stern Addition: i) Consider Resolution No. 20-96 Approving Final Plat; ii) Consider <br />234 Resolution No. 2Q-97 Approving Development Agreement —City Planner Larsen reviewed a <br />235 PowerPoint presentation that included information on the following: <br />236 - Land use application (to allow addition of one additional single family home); <br />3 <br />