07/26/2004 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES JULY 26, 2004 FINAL MINUTES NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004) •237 Councilmember Dahl indicated her concern is in setting a precedent by approving this after the fact 238 when many people come to the City before they build, as is intended, and may or may not receive a 239 variance. She stated she is not inclined to approve this request when there were changes that could 240 have been made during building to prevent the need for a variance. She suggested they take this back 241 to a work session to find a way to get through this. 242 243 City Planner Bengtson indicated the permit is based on a flat piece of paper, and occasionally the 244 stakes used to measure out the foundation can slide because of grade change. He does not believe 245 there was an increase to the square footage of the home or the garage, but only a misplacement of the 246 stakes. 247 248 Community Development Director Grochala stated he believes the garage slid slightly during 249 construction, and since the lot line is not completely straight, the back corner needs a minor variance. 250 He noted this rarely happens, and he has only seen two in the last three years. 251 252 Councilmember Reinert commented that if they do not approve this variance they will have a 253 property stuck in a legal situation, and the owners will suffer, not the builder. He indicated it looks 254 like there may have been some sloppy work, but it was not the owner's fault. He agreed he does not 255 like these situations that come in after the fact, the alternative the Council is facing is requiring the 256 building to be torn down or let it continue in an illegal situation. He stated he will vote for it, as he 257 thinks that is the right way to handle it. 258 59 Mayor Bergeson noted that concerning the comment that the builder knew about the error when they � 260 ordered the trusses, if the trusses go front to back the slightly different dimensions would not have 261 changed the size or number of trusses needed. He stated it is really only the placement of the garage 262 and narrowing of the lot that created the need for a variance. He suggested they consider a penalty to 263 the builder in these situations, rather than penalizing the owner. 264 265 Councilmember Reinert moved to adopt Resolution No. 04-110 approving a Variance to allow a 3.9 266 foot side yard setback for an accessory building where 5.0 feet is required. Mayor Bergeson seconded 267 the motion. 268 269 Councilmember Dahl indicated she would like to find a solution to these types of situations so it does 270 not happen again before they approve this variance. Councilmember Reinert commented the Council 271 needs to focus on the agenda item at hand. He stated that agenda item is not to solve this issue, but to 272 approve or deny a variance for Curt and Kelly Monson. 273 274 Community Development Director Grochala indicated he does not think there is anything the Council 275 can do to guarantee they will never see this type of issue again. He stated that in this particular case 276 they also need to take into account the lack of severity in the variance request. He noted the front of 277 the building meets the requirements, and at the worst point it is 1.1 feet in violation. He does not 278 believe there was intent to deceive in this case. He indicated the Council has three options, and based 279 on Staff review they feel they should recommend the variance be approved. 280 281 Councilmember Carlson stated she would like the builder to come in and explain the situation to the 082 Council. Mayor Bergeson indicated he thinks they are dealing with an honest mistake and a minor 6