PL PACKET 10211997 - Laserfiche WebLink

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l' r Planning Commission Regular Meeting Minutes September 16, 1997 • Page 4 1 Mr. Preussner stated that previously the noise had been deflected by a big metal shed which 2 was about this high (he stood and held his hand in the air above his head). 3 Commissioner Gondorchin suggested that installation of a new air conditioning unit and a 4 berm may restore this to the identical situation Mr. Preussner had before the removal of the 5 shed. He stated he could not personally endorse or support a variance request of this nature. 6 He stated there were other solutions available. He suggested that the neighbor could move the 7 unit to another area of her house. 8 Chair Bergstrom explained that in order for the Planning Commission or the City Council to 9 approve a variance request, a hardship has to be defined. By State Law a variance cannot be 10 granted unless all three conditions of the variance are met.. He stated this did not mean that 11 Mr. Preussner was not inconvenienced or less than happy with the relationship .or negotiations 12 with the neighbor, but the requirements of the variance have to be met. He stated he agreed 13 that there may be other solutions, such as continued negotiations or other options to block the 14 sound. He explained that this is a process the Planning Commission must go through 15 regardless of how they would feel if they were in Mr. Preussner's place. 16 Mr. Preussner stated he did not know anything about the law. He is 75 years old and does 17 not want to live under these conditions for the next ten years. He questioned that the 18 Planning Commission did not have the power to require his neighbor to move the unit. 19 Chair Bergstrom stated the Planning Commission did not have that authority. 20 Mr. Preussner again stated he had tried to keep everything low key. He had spoken with the 21 Public Works Director and it is already September and he has achieved no results. He stated 22 his only option was to hire a law firm and sue. He did not want the same condition next 23 year. 24 Chair Bergstrom stated he was not unsympathetic but there are certain things the Planning 25 Commission can and can't do. Granting of the variance requires a hardship and that has not 26 been demonstrated. 27 Commissioner Thompson stated he did not believe the expense of the fence would be worth 28 it. He cited the barriers on Highway 694 and their ineffectiveness. 29 Mr. Preussner stated he had checked this out and those barriers did work. 30 Mr. Thompson suggested an arbor vitae may be a better solution. He stated a barrier eighteen 31 feet high in a residential area would be hideous. 32 Mr. Preussner stated he had trees in the front and back but had to cut them back because they 33 were ruining his roof and gutters.