2008-015 Council Resolution - Laserfiche WebLink

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BACKGROUND (Continued) 9/05/2007 The City's Building Official inspected the structural repairs to the shed addition and determined that they were completed in accordance with the previously reviewed plans. Therefore the shed addition to the garage meets all of the city's ordinances and is no longer an issue. 10/01/2007 The Community Development Department informed Mr. Muehlstedt that the existing garage was believed to be closer than five feet to the property line and that a Variance would be required to allow it to remain in its current state. 10/17/2007 Mr. Muehlstedt submitted an application for a Variance to allow the existing structure to remain. 10/17/2007 The neighboring property owner raised the issue that Mr.Muehlstedt's fence was actually sited over the property line. 10/23/2007 Staff requested that Mr.Muehlstedt obtain an updated survey so that the extent of the encroachment could be clearly identified. 10/26/2007 The city's Building Official informed the City Council and City Attorney of the review process of Mr. Muehlstedt's shed addition. This memorandum is attached, and staff considers this issue to be closed. 10/29/2007 Kurth Surveying issued an update to the 2004 survey of the neighboring property. This update is hand written and states that the location of Mr. Muehlstedt's fence was known to be encroaching when the survey was completed,but no information as to this fact was shown on the survey at the time. This survey indicated that the fence encroaches as much as 0.3 feet onto the neighboring property. 11/14/2007 The neighboring property owner attended the Planning and Zoning Board meeting to speak at open mike. They expressed concern over the delay in having the action heard, and over the structural repairs to the shed addition that were completed by Mr. Muehlstedt. Staff explained that an updated survey would be the best avenue to define the Variance requests. As of September 5,2007 the shed addition was considered to be completely in compliance with the city's ordinances and is therefore not an issue. 12/10/2007 Mr. Muehlstedt submitted a new certificate of survey which is the basis of this application and review. VARIANCE FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Reasonable use of the garage, which was permitted, constructed, and inspected at what was believed to be the appropriate setback; would be eliminated if the setback was strictly enforced in this case.