CC MINUTES 11221977 - Laserfiche WebLink

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• Mr. Letourneau said the minority dissenting opinion shared by Mr. Klick and himself was that "backward construction practices were followed when the walls were installed in advance of the flooring for the new addition" . He saw possible problems if the Shelstad home was expanded towards the Cartwright property and shared the concern that the restrictions against enclosing the sun deck might be "lost in the files" . Councilman Stauffer said Mr. Cartwright had proceeded on the information which was in the City files and did not feel he should be jeopardized because he was the one who raised the question about the original survey which was then proved to be in error, "especially since the deck was grandfathered in, although non-conforming" . Mayor Miedtke agreed, saying he felt the variance should be granted with the basis for approval being (1) the Board had recommended approval, (2) the proposal represented an improvement over the previous lot location since the sun deck will now be wholly on the° Cartwrilht -pro- perty, and (3) the project represents only building a basement under the deck. He said the Council had created worse precedent setting situations when they had allowed "five foot averaging" in the past and viewed Mr. Cartwright' s installation of the foundation before approval as only a "calculated risk to beat the freezing weather" since the excavation can be filled in if the request is denied. Motion by Councilman Stauffer and seconded by Councilman Sauer to follow the Planning Board's recommendation of approval of a Variance to Section • 4, Subdivision 5, No. 6 of the City Zoning Ordinance which will permit Peter Cartwright to construct the proposed basement addition to the property known as Plat 63753, Parcel 6525 which will leave a side yard width of one foot with the stipulation that no year round usage will be permitted above the basement level except the sun deck with the reasons for approval based on those cited by the Mayor and Councilman Stauffer. Voting on the motion: Aye: Stauffer, Sauer , Miedtke and Haik Nay: Sundland ---_-Motion carried. Mr. Letourneau concluded his presentation by telling the Council the Board anticipates considering preliminary recommendations from the staff for a Certificate of Occupancy during their next meeting. Motion by Councilman Sauer and seconded by Councilman Sundland to adopt the resolution allowing the 1977 Budget to be modified to permit the transfer of gasoline sales receipts . RESOLUTION 77-057 A RESOLUTION MODIFYING THE 1977 BUDGET • (3)