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• COUNCIL MINUTES OCTOBER 28, 2002 Motion carried unanimously. Resolution No. 02-152 can be found in the City Clerk's office. Consideration of Resolution No. 02-153, Denying Variance, Brown, Tanda Gretz — Associate Planner Gretz explained that Mr. Jamie Brown is the owner of property at 442 Main Street, which is zoned Rural and 2.1 acres in size. Mr. Brown is asking for a Variance from the prohibition of metal buildings on a property of his size and zone. In addressing accessory structures, Section 3, subdiv. 4.D.8.e of the City Zoning ordinance states : "no metal corrugated siding or roof, except upon tool sheds less than 150 square feet in area." Associate Planner Gretz stated it should be noted that Mr. Brown has already constructed the metal accessory building which is the focus of this Variance application. It should also be noted that Mr. Brown did not pull a building permit before constructing the building The building is 24' by 36', or 864 sq. ft., in size. Building Official Pete Kluegel noticed the structure`` earlier this spring. Staff then notified Mr. Brown that such a building was prohibited under City code and that he would have been advised of that fact during the permitting process if he would;hay.:applied for a building permit. Associate Planner Gretz stated she sent several letter. .:Brown on this matter over the summer, advising him that she could see only three ways to resolve the situation: 1. To remove the structure. 2. To bring the structure into compliance this would probably involve siding and roofing the structure in some fashion. 3. To apply for a Variance. Associate Planner Gretz stated that while she advised Mr. Brown that staff could not support his request for a Variance, as there was no hardship demonstrated according to land use criteria, he was told it was always his option f a�plying for one. Associate Planner Gretz explained that repeated letters brought no resolution to the situation, and the matter was handed over to City Attorney Bill Hawkins. After being contacted by Mr. Hawkins, Mr. Brown contacted her and asked that prosecution of the matter be delayed until he was allowed to apply for a Variance, which he has now done. Associate Planner Gretz stated since the metal building that has been constructed is prohibited under City Ordinance, staff cannot recommend approval of this Variance application. It was noted that the Planning Commission had a split vote of 5 to recommend denial and one to recommend approval. Councilmember Carlson asked the size of the building and if it is within the square footage that is • allowed so he could just side the building with something other than corrugated metal. Associate 15