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City Council Regular Meeting Minutes May 24, 2005 Page 4 1 Planning Commissioner Victoria Young said the variance was for the construction of a 120 2 square foot deck on the back of their home. The hardship on this lot is that the house is set deep 3 on the lot with a deep driveway. In order to build their proposed deck and comply with the 4 City's lot coverage requirements, they would have to move their garage forward 10 feet. This 5 would put the garage up against the house and seems a bit unreasonable. However, the property 6 file shows the hardship was not created by the property owners, but rather as the result of the 7 original codification of the City's Zoning Ordinance which occurred in 1976. She noted that 8 both petitioners were available at the Planning Commission meeting and answered all questions. 9 The Planning Commission unanimously recommended approval. The intended deck is planned 10 to be made of some artificial wood material with bushes under it, and rock. She asked if that 11 would count toward the impervious surface of the site, noting it is already a legal nonconforming 12 site. 13 14 Councilmember Stille stated with regard to the 120 square feet, and as long as a deck has slats 15 and can drain, and there is no new net surface, yes it would. 16 17 The applicant said this is part of a three -year process of improving the home. There is a large 18 French door to the backyard, and it was anticipated to put the deck on this year. This is why he 19 did not pull a permit to put the deck on last year. 20 21 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to approve Resolution 22 05 -042 re: A Resolution Approving the Lot Coverage Variance for the Property Located at 3217 23 31't Avenue NE. 24 25 Councilmember Stille requested the consideration of replacing the third finding, or eliminating it. 26 If the people were living in the house prior to 1976, then the City creates the hardship. New 27 buyers after 1976 are aware of the Ordinance and buying the house knowingly so. The City may 28 not have created this hardship. He said he did not want to get in the habit of using the date of 29 codifying as an excuse for such requests. 30 31 Motion by Councilmember Thuesen, seconded by Councilmember Stille to approve Resolution 32 05 -042 re: A Resolution Approving the Lot Coverage Variance for the Property Located at 3217 33 31" Avenue NE with the removal of the third finding on the Resolution. 34 35 Motion carried unanimously. 36 37 B. Resolution 05 -43; A text amendment change to the Ordinance to allow cemeteries and 38 funeral homes in Zoning District R -1 as a conditional use. 39 Commissioner Young explained this resolution is regarding a text amendment. The request is to 40 add the words "funeral home" to Section 1605.01 of Chapter 16; and to change the permitted 41 uses to "cemeteries, mausoleums, crypts, vaults, and columbarium" within an R -1 District. She 42 summarized the background of the request and noted that Sunset Memorial Park is a legal non- 43 conforming use in the R -1 Zoning District. The ultimate request of this process was to build a 44 funeral home on this site. There was a request to change to a Recreational /Open Space site 45 earlier this year. Many people attended the public hearing and those who spoke cited 46 unanimously to disapprove this change. She explained the Planning Commission discussed the 47 issue, and some of the questions that were raised included: should a funeral home be allowed on