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City Council Meeting Minutes <br /> September 28, 1999 <br /> Page 3 <br /> 1 have is due to an extraordinarily long driveway because the detached garage sits far from the <br /> 2 house in the rear yard. The structure was built in 1957 and existed prior to the City's ordinances <br /> 3 being codified. <br /> 4 Commissioner Melsha stated that the Planning Commission denied the Petition for Variance <br /> 5 after a lengthy deliberation because there was not necessary evidence of a hardship and the <br /> 6 property could be utilized in its current condition. The Commission was apprehensive about <br /> 7 denying the variance, but in light of the City's ongoing efforts to resolve the floodwater issue, <br /> 8 the Commission was reluctant to authorize additional impervious surfaces for the variance. <br /> 9 Marks mentioned that there are generally three conditions for granting a variance and he was sur- <br /> 10 prised that the Doolan's property wasn't in compliance with any of those conditions. <br /> 11 Commissioner Melsha responded that, although the property pre-existed the current Code, there <br /> 12 were not any other circumstances that were found which would warrant a variance. <br /> 13 Marks suggested the possibility of building a deck in such a way that it would not be considered <br /> 14 impervious. Commissioner Melsha offered that such an option was discussed by the <br /> 15 Commission, but it was determined that a deck is considered a structure, and thus impervious. <br /> 16 Cavanaugh asked about the length of time the City had to act on the variance request. <br /> 17 Management Assistant Moore-Sykes stated that a Petition for Variance is valid for a 60 day time <br /> 18 period and verified that the Doolan's application was dated August 16, 1999 and, therefore, <br /> 19 would expire approximately October 16, 1999. <br /> 20 Cavanaugh mentioned that he had visited the Doolan's property and believed that a deck or simi- <br /> 21 lar structure would be beneficial to the appearance of the property and the surrounding neighbor- <br /> 22 hood. Cavanaugh felt that a deck would not be as impervious a surface as a patio, and would <br /> 23 add ambiance to the property. <br /> 24 Commissioner Melsha offered that the building inspector would treat the deck as a structure, and <br /> 25 therefore,impervious, but questioned the possibility of researching options that would cause the <br /> 26 structure to be more pervious. <br /> 27 Cavanaugh stated that he did not understand the Code to say that a deck is an impervious surface <br /> 28 and suggested additional research of the Code. <br /> 29 Thuesen stated the possibility of a deck being considered pervious depending on the surface <br /> 30 underneath a deck. <br /> 31 Ms. Moore-Sykes clarified that the building inspector considered decking to bean impervious <br /> 32 surface because of the polyurethane and other surfaces placed underneath a deck to eliminate <br />