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I <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />City Council Regular Meeting Minutes <br />July 24, 2012 <br />Page 2 <br />Mayor Faust requested that Project Manager Messner provide a brief explanation regarding <br />Consent Agenda item E and requested that this item be removed from the Consent Agenda. <br />Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Co nsent <br />Agenda as amended to move Consent Agenda item E to the regular agenda as item VI.A.3. <br />Motion carried unanimously. <br />9 IV. PUBLIC HEARING. <br />10 <br />\I <br />12 <br />13 V. <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />2 1 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />None. <br />REPORTS FROM COMMISSION AND STAFF. <br />A. Reso lution 12-071; Approving a Variance to the Rear Yard Setback for Property Located <br />at 3207 Silver Lake Road. Brian Heinis. Planning Commission C hair. presenting. <br />Chair Heini s stated the applicants are requesting a variance to the rear yard setback for the <br />construction ofa 27' x 24' garage on their property located on the comer of Silver Lake Road <br />and Hilldale Avenue. He indicated Ci ty Code requires a rear yard setback of the greater of25' <br />or 20% of the lo t depth and the rear yard setback for this property is 31 '. He presented a diagram <br />of th e property 's la yo ut no ting that the driveway is located off Hilldale. He explained that <br />placing a garage within the rear setback would limit s unlight , prohibit future deck or patio <br />expansion, and cau se potential drainage is s ues . He adv ised the prop e rty owners are proposing to <br />use the property in a reaso nable manner consistent within the R-I district , the circumstances are <br />unique to the property not caused by the owner, and the home was constructed in a manner that <br />makes it difficult to meet the rear yard setback. He noted the variance if granted will not alter <br />the essential character of the locality and economic considerations alone are not the basis for the <br />practical difficulties. He added the variance is consistent with the Comprehensive Plan , would <br />protect the land use district, and would allow for orderly redevelopment of the s ite ; in addition, <br />the variance will not reduce the amount of light, air, and access to the property and granting the <br />variance will not increase congestion or result in overcrowding of the land. He added the <br />variance if gra nted will not alter the si te 's compatibility with land uses in the area. <br />Councilmember Jenson reques ted further information regarding the location of the variance on <br />th e property. He also asked if the proposed garage could be repositioned in such a way that a <br />variance would not be required. <br />Chair Heinis presented a diagram s howing the locati o n of the proposed garage in relation to the <br />required rear ya rd setback of3I '. He stated if the proposed garage was placed on the lot in a <br />manner that was compliant with C ity Code the garage would be located a few feet from the <br />house and would block sunlight into the house. <br />Mayor Faust noted that the location of the proposed garage appears to represent the bes t po s ition <br />for the least amount of variance.