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City Council Regular Meeting Minutes August 23, 2005 Page 4 described in the Code. Stairs, eves and other projections from the house can come into that same space. The Code states if it was written at that time, then it was not allowed. It provides no 3 different an obstacle than other protrusions that are allowed. Window wells are an allowable 4 encroachment into a side yard. He said they felt it met the test of the Code. They felt the 5 findings were not a stretch. They did feel that it should be approved. 6 7 Councilmember Horst pointed out a lot of thought was given by the Commissioners, which we 8 asked them to do. He said the Council should be careful on making changes. However, this 9 adds value to the house. It is a safety issue, and it is a smart idea whether anyone lives in the 10 basement or not. 11 12 Mr. Steadman explained the basement is finished and there is a bedroom down there. It is used. 13 14 Councilmember Horst stated the hardship has always been the hardest to prove. He said the 15 Council should carefully look at what the Planning Commission has done before the Council 16 dismisses this. He said he is still in favor of approving the variance. 17 18 Mayor Faust reminded Councilmember Horst that when an egress window is added, it creates 19 another bedroom and that adds value. That is the reason the builders have put them in. He said 20 he doesn't disagree that we should have them, but he said he thinks it should be done in a 21 thoughtful manner. 22 Councilmember Stille said he is not against this kind of window. 25 Councilmember Gray stated he is inclined to agree with Councilmember Horst. When it is a 26 matter of safety, he said he doesn't see any reason to delay. It can increase the value. He said 27 the Council has to look at how they will allow these, and consider safety issues. The hardship 28 issue seems to be ever - changing, and he said he would like to see it more defined. He 29 commented he thinks this is important enough to go ahead and approve it. 30 31 Councilmember Thuesen commented he supports the applicant and the thought of safety. He 32 said he hopes if this is denied, the applicant will be willing to resubmit a plan. 33 34 Ayes — 2, Nays — 3 (Stille, Thuesen and Mayor Faust). Motion failed. 35 36 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to deny Resolution 05- 37 064, re: Approve variance to side yard setback to install an egress window at 2909 30th Avenue. 38 39 Ayes — 3, Nays — 2 (Horst and Gray). Motion carried. 40 41 C. Consider Resolution 05 -065, re: to amend section 1640.02 of the zoning ordinance to 42 allow catering/banquet activities as a conditional use in the industrial zoning district 43 Mr. Jenson reviewed the resolution with the Council and indicated that there was very little 44 discussion and it was approved unanimously at the Planning Commission meeting.