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City Council Meeting Minutes . September 28, 1999 Page 4 1 weeds and grass. Cavanaugh agreed with that finding, and stated that if the Council were to pro- w hibit that type of protection, it was possible the deck would be considered a pervious surface. 3 Marks said there are two issues at hand for the Council to consider: (1) granting the Variance 4 when there does not appear to be any justification for such variance; and(2)the design of the 5 deck. Marks agreed that issues could be researched and it is possible to alleviate the need for a 6 variance process altogether. Cavanaugh agreed as well and stated that the Council should offer 7 options to Mr. and Mrs. Doolan. 8 Commissioner Melsha stated that the Doolans are amenable to considering other options. 9 Ranallo stated that he had visited the property as well, and felt that the way the plans were 10 written and the request presented, that the variance would have to be denied. However, he added 11 that the Doolans would be encouraged to approach the Council with other options and plans. 12 Faust reminded the Council that if the Doolans were to return with other options, that the vari- 13 ance fee would be waived. Motion by Marks, second by Thuesen, that the City Council deny the Petition for Variance on 10 the basis that no legal hardship has been demonstrated, but directed City Staff to research a 16 viable alternative for the variance process of Mr. and Mrs. Doolan. 17 Motion carried unanimously. 18 Ranallo stated to Commissioner Melsha that he had read the minutes of the Planning 19 Commission meeting on September 21, 1999, and that the Council was aware of the 20 Commission's concern over a blatant violation of a Conditional Use Permit by a local business. 21 Ranallo said that the City had tried diligently and repeatedly to resolve the violation issues with 22 the business and were not successful. Ranallo would like to direct City Staff to begin immediate 23 action regarding the violations of the Conditional Use Permit by Exhaust Pros. 24 Faust mentioned that, during his report to the Planning Commission at the September 21, 1999 25 meeting, he had reiterated the need for follow up on issues. Faust believed that the City had tried 26 to be friendly and cooperative with Exhaust Pros in resolving the Conditional Use Permit viola- 27 tions, but now it was time to begin a more firm approach. 28 Cavanaugh.mentioned to Commissioner Melsha that he would like to see members of the 29 Planning Commission tour the City to recognize other businesses that could be in violation of 30 their Conditional Use Permit. In other words, the Council is not singling out one commercial 1 property for violation.