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COUNCIL MINUTES AUGUST 22, 2005 <br />APPROVED <br />S70 Findings of Fact categories, in the future the Council might not be able to defend. He noted <br />71 measurement is an ordinance question, not a criteria for variance. <br />272 <br />273 Councilmember Carlson asked for clarification that all of the Findings of Fact be met. City Attorney <br />274 Hawkins replied no, all might not be applicable. <br />275 <br />276 Mayor Bergeson stated the reason he suggested a motion was to minimize the precedent and impact <br />277 on future lots. <br />278 <br />279 Councilmember Carlson questioned what the Findings of Fact would be for approving the variance. <br />280 Mayor Bergeson stated Item b, because the one homeowner who did not fill their lot has a physical <br />281 circumstance that is unique to the property and not created by them. <br />282 <br />283 Councilmember Stoltz agreed there are physical circumstances due to lot uniqueness. <br />284 <br />285 Councilmember Dahl wished to clarify that neither Staff nor City Attorney Hawkins could find a <br />286 reason for approving the variance. City Attorney Hawkins stated it is not his position to find a reason, <br />287 but to advise Council on procedures. City Planner Bengston stated Staff could not find a reason. <br />288 <br />289 Councilmember Carlson read the provisions of variances. <br />290 <br />291 Motion carried 4-1. Councilmember Carlson nay. <br />*92 <br />293 Resolution No. 05-123 can be found in the City Clerk's office. <br />294 <br />295 C. Public Hearing, Lois Lane Utility Extension, Jim Studenski <br />296 <br />297 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. <br />298 <br />299 Mayor Bergeson opened the public hearing at 8:05 p.m. <br />300 <br />301 Darryl Frieberg, 7870 Meadowview Trail, asked if his property would be connected to Lois Lane. He <br />302 also asked for clarification that he could subdivide into three parcels. City Engineer Studenski replied <br />303 the utilities proposed are only on Lois Lane, and Mr. Frieberg has enough frontage; therefore, he <br />304 could subdivide into three parcels, all on Lois Lane, and have utility hook-up. <br />305 <br />306 Tim Anderson, 547 Lois Lane, stated in speaking for himself and surrounding neighbors, his <br />307 understanding is that all are in favor of the project. <br />308 <br />309 Mayor Bergeson, with Council approval, closed the public hearing at 8:12 p.m. <br />310 <br />311 D. Foxborough, Jeff Smyser <br />312 <br />313 i. Consideration of Resolution No. 05-122, Approving Development Agreement <br />•314 <br />7 <br />