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City Council Regular Meeting Minutes September 27, 2011 Page 5 Code. He noted that the City Council is not being asked to approve a lot coverage variance, however, there are issues regarding the City's interpretation of what constitutes impervious surface. Mayor Faust indicated that the 60 -day rule expires October 24, 2011 and the City Council can extend the 60 days once, or it can choose to approve, deny, or table this matter. 8 Mr. Bergum presented a zoning map showing his property is zoned RI Single Family 9 Residential. He referenced the City Code's land usage section and recited the Code relating to 10 lot coverage. He indicated there appear to be some issues related to pervious pavers which are 11 not addressed in the Code. He also recited the City Code regarding accessory buildings and the 12 reference to rear yard which defines the rear yard as being 25' from the residence and that 13 accessory buildings must be placed within the rear yard. He stated that he felt the Code appears 14 to say that a garage can be 1,000 SF and if it is within the setback, it can be no larger than 528 15 SF. He presented photographs of his neighborhood and indicated his neighbor's 660 SF garage 16 was built within the last three years and noted that other garages and accessory buildings in the 17 area are well within 3' of the property lines. He stated that there is not a lot of uniformity in 18 location and size and their proposed garage would not be the only large garage and did not feel it 19 would detract from the character of the neighborhood. He requested clarity on which criteria 20 they are violating in the City Code. 21 22 Councilmember Stille stated that many of the garages were built pre -Code and there will be 23 discrepancies. He expressed concern about the size of this lot and the neighboring lots compared 24 to the size of the garage. He indicated it was his understanding that in order to build in the 25 setback, the property owner needs to obtain a special permit and the City Council needs to 26 consider the impact to neighboring properties. 27 28 Motion by Councilmember Gray to table action on Resolution 11 -060; Approval of the Request 29 for a Garage Setback Permit and Variance to the 528 SF Maximum Allowed for a Garage 30 Setback Permit for 2610 -301" Avenue NE. 31 32 Mr. Bergum noted that the existing garage is 60 years old and is located 2.5' from the back fence 33 and the area is overgrown with buckthorn. He stated that by moving the garage 5' out they will 34 be able to landscape and maintain this area. He did not feel that the new structure would be 35 imposing and stated that the garage will have a window, will match the architecture of the house, 36 and will be a drastic improvement. 37 38 Ms. Traci Bergum, 2610 30'" Avenue NE, appeared before the City Council and stated that they 39 have been in their house since 1993 and have done extensive remodeling of the house. She 40 indicated that the garage is falling apart and they want to begin construction before the weather 41 turns cold, particularly since the concrete cannot be poured when it is cold. She added that they 42 are committed to St. Anthony and are trying to do everything right to the best of their ability. 43 44 Mr. Bergum stated it appears the Code is being interpreted in different ways and there is a lot of 45 confusion around the setback requirements. He added that he thought it was a fairly clear -cut