09-28-2020 Council Packet - Laserfiche WebLink

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COUNCIL MINUTES DRAFT 6 Councilmember Ruhland remarked that he was on Planning and Zoning at a time when a variance for 199 a similar situation was approved. He recalls in that situation, it was difficult to see the difference in 200 the roof when it was installed. For this site, he has looked at Google Earth and thinks the impact to 201 the area is minimal. He doesn’t approve of the council having to consider this after the fact. In 202 consideration of changing the ordinance, he pointed out that a denial tonight may end up with the 203 situation being allowed under new regulations. Mayor Rafferty noted that tonight’s discussion is only 204 about the variance. 205 Councilmember Cavegn asked if there are materials that will still be purchased. If so, and the variance 206 is grant those materials should be up to City Code requirements. 207 208 The property owner (Kathleen Behr, 7831 Lake Drive) explained how minimal the difference will be 209 and how few people would be impacted or would probably even notice. She added that when she 210 purchased the roofing materials, they were identified for residential use. She also has labor issues 211 since the warm weather that will allow the installation is passing quickly. The project is related to 212 storm damage and she explained that the metal roofs should be much more durable. 213 Councilmember Stoesz recognized that the materials are already purchased but a variance is serious 214 and he will probably not support it. 215 Mayor Rafferty noted that the City has regulations and they must be followed. He doesn’t believe 216 that a house being out of sight allows someone to not follow the rules. He expects that some of the 217 materials could be returned. 218 Ms. Behr noted that she has $3,000 into the project (including the variance cost) and it’s become 219 something that she can’t afford. 220 Mayor Rafferty said he favors the ordinance as it is written. 221 Councilmember Lyden said he thinks in life that kindness matters. He sees the Planning and Zoning 222 Board recommendation to approve. He also noted that Mayor Rafferty was on the council when the 223 previous variance was approved. 224 Councilmember Cavegn offered a proposal to allow the project for the materials already purchased but 225 require code compliance for the other buildings on the property. 226 Councilmember Lyden moved to approve the product that the applicant has bought and allow the 227 purchase of additional same materials for the other garages. Councilmember Stoesz seconded the 228 motion. Councilmember Stoesz withdrew his second. Motion failed for lack of second. 229 Councilmember Cavegn moved to approve a variance for the home but not the two garages. 230 Councilmember Ruhland seconded the motion. Motion carried on a voice vote; Councilmember 231 Stoesz and Mayor Rafferty recorded as voting no. 232 6D) Stern Addition: i) Consider Resolution No. 20-96 Approving Final Plat; ii) Consider 233 Resolution No. 20-97 Approving Development Agreement – City Planner Larsen reviewed a 234 PowerPoint presentation that included information on the following: 235 - Land use application (to allow addition of one additional single family home); 236 - Final Plat (found to conform); 237 - Shoreline Buffer Zone location consideration (buffer required); 238 - Planning and Zoning Board approval (5-0); 239