06/24/1996 Council Minutes (2) - Laserfiche WebLink

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COUNCIL MEETING JUNE 24, 1996 The Planning and Zoning Board recommended the application fee be refunded. However, staff is not in agreement with the Planning and Zoning Board on this issue. Mr. Jungbauer asked the City Council to consider this particular issue and not any that may come before the City Council in the future. He explained that he is rectifying a problem that could have been avoided if the building inspector had inspected the sight in 1990 and observed the encroachment of the house and the decks. Mr. Jungbauer noted that when he purchased the property he received a letter from the City stating that the problem did not have to be rectified. However, he wants to rectify the problem now to avoid future problems. Mr. Hawkins explained that he did not see that the City was in error in this situation. There are situations where variances are required. He understood Mr. Jungbauer's concern with a problem that he did not create, however, the City does sees a lot of situations where property owners did not create their particular problem and are trying to rectify the problem after the fact. The fee is not designed to raise money for the City but to cover administration and publication costs that are incurred when dealing with the problem. If the City waives this fee, where does the City draw the line? What is the standard? Council Member Lyden moved to approve the minor subdivision, waive the park dedication and refund the $250.00 fee to the applicant. Council Member Neal seconded the motion. Voting on the motion; Council Member Lyden and Neal voted yes. Council Member Kuether and Mayor Landers voted no leaving a tie vote. Council Member Kuether moved to approve the minor subdivision, waive the park dedication and not refund the $250.00 fee. Mayor Landers seconded the motion. Council Member Lyden asked if a compromise could be made by splitting the fee. Council Member Kuether said that the City has faced many similar situations and felt this would be setting a precedence. Voting on the motion, Council Member Kuether and Mayor Landers voted yes, Council Members Lyden and Neal voted no leaving a tie vote. Mr. Jungbauer said he was disappointed but withdrew his request for a refund of the $250.00 fee. Council Member Kuether moved to approve the minor subdivision and waive the park dedication fee. Council Member Lyden seconded the motion. Motion carried unanimously. Minor Subdivision, Richard Carlson, 7932 Lake Drive - Mr. Carlson has purchased the His and Her Barber & Beauty Shop at 7932 Lake Drive and plans to convert the operation to a Rental Equipment Business. The property is located within the Central Business (CB) zoning district and is indicated as Business on the Comprehensive Land Use Plan map. The CB district has no minimum requirements for lot width, depth or area. PAGE 16