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City Council Regular Meeting Minutes • April 23, 1996 Page 2 1 VI. PRESENTATION OF CLAIMS. 2 Motion by Marks, second by Enrooth to approve the following claims: 3 A. Foster, Ojile. Wentzell & Brever, LLC in the amount of$2,600.00 for professional 4 services rendered for the month of April, 1996. 5 B. 4 pages of Verified Claims as presented by the Finance Director. 6 Motion carried unanimously. 7 VII. REPORTS. 8 A. Planning Commission Meeting- April 16. 1996. 9 1. Variance Request for Lots 8 and 10 of the Village Commons: 3925-8 and 3925-10 10 Fordham Drive,Nedegaard Construction. 11 Planning Commissioner Gondorchin was present to report on the Planning Commission 12 meeting of April 16, 1996. He reported Bruce Nedegaard had been present at the meeting 13 to explain that the location of the hearth rooms of the twin homes located on Lots 8-and 14 10 of the Village Commons will be in violation of the rear yard setbacks due to a survey 15 error. The surveyor placed the hearth rooms on the left side of the twin homes when they 16 should have been located on the right side. After looking at the blueprints and discussing the issue there was no opposition by the Planning Commission to grant the variance. The 41 criteria of reasonable use and hardship not being created by the owner were debated as 19 the units could be used as originally intended without the hearth room and the surveyor 20 was under the owner's employment when he made the error. Chair Bergstrom then noted 21 that granting the variance would not be setting a precedent nor would it negatively affect 22 the community. The Planning Commission voted unanimously to recommend approval 23 of the nine foot variance request for the Village Commons,Nedegaard Construction, as 24 presented, based on meeting the three criteria for variance and that the neighbors voiced 25 no concern. 26 Councilmember Marks noted that Lots 7 and 8 and Lots 9 and 10 were mirror images of 27 each other and asked if the hearth room could be moved into the easement closer to the 28 lot line to minimize or eliminate the need for a variance. 29 Bruce Nedegaard,Nedegaard Construction explained the original plan placed the hearth 30 room out over the master bedroom. He provided the original plan the surveyor had 31 worked from noting he had been unaware that the surveyor had this plan. He stated that 32 ultimately no one was at fault but himself because the surveyor was under his direction. 33 He provided the Councilmembers with an illustration of the preliminary plat versus the 34 final plat, noting the angle of the twin home on Lot 10 had been changed to save a six to 35 seven foot stand of 30 foot evergreen trees. Mayor Ranallo reported a letter had been received since the Planning Commission 37 meeting from Halbert Rogers, 4011 Fordham Drive. The letter stated he was not trying to