CC MINUTES 06231981 - Laserfiche WebLink

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-2- required variance to 12 feet. As he had during the Commission hearings, Mr. Danelski reported no opposition from his adjoining neighbors to the variance. • Mr. Soth said the second condition established for granting a setback variance requires proof that a hardship has been created by the physical surroundings, shape, or topography of the property which distinguishes that property from other average lots in the City. He believes the inclusion of solar energy only "clouds the issue" , and is not relevant in itself, to whether or not the variance should be granted. Nor should consideration of .whether or not the neighbors approve the request have legal bearing on the decision. However, when Councilman Marks asked whether the fact that the addition has to be on the south side of the building to utilize solar energy can be used as a justifi- cation for the variance, the attorney said "yes" . The other Council- members did not agree with Councilman Marks that the fact the property is on a corner or has a sharp drop off to the rear justifies a variance, since, "This property is no different from other sites where fill has been necessary for an addition" . The Mayor, however, noted there had been no indication -"the addition will in any way interfere with the health, safety or welfare of the neighborhood or will increase the value of this property any more than any other addition in the City" . When the extent of the right-of-way was mentioned by Councilman Marks the question was raised whether the right-of-way on 33rd Avenue is actually 15 feet and Mr. Hamer said he doubted that figure. He was requested to ascertain from the City' s records, the correct measure- ment and the Commission report was deferred until he had returned with that information. Agenda addendums were then accepted. The first was a request for a temporary beer license for a softball tournament for Sperry Univac employees from John Piper, 2804 33rd Avenue N.E. , who told the Council the same tournament had been held without problems last year under the same conditions he cited in his letter of application dated June 17 , 1981. Motion by Mayor Haik and seconded by Councilman Letourneau to grant a temporary beer license for the Sperry Univac softball tournament to be held in Central .Park from 10 :00 A.M. to 7 :00 P.M. , July 25 , 1981. Voting on the motion: Aye: Haik and Letourneau. Nay: Marks. Motion carried. Virgil Gottwalt of Gottwalt Products, Inc. had requested the Council consider a variance request for a monument sign in front of the Hub building in the St. Anthony Office Park which had not been anticipated when the building had received its original approval. He said now Mthat the building is up, it is feared signage on the building itself