04/09/1979 Meeting - Laserfiche WebLink

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Mary Donato, 1870 Washington, was a concerned taxpayer. She felt the applicant.was requesting special privilege and was concerned that if 18th were widened, she, as a taxpayer, would have to pay for the expense of having the house removed. - Harold Gillis, 975 Oak, attorney representing the Dahls and Carrolls, objected to the short time allotted by the Council for presentation of the case. He would prefer deferring the issue to a later time. The matter is on appeal at the State level and he felt it would be best to defer any action by the Council until that appeal has been decided. He noted A & X had been denied the variance several times before. The Zoning Board had denied the request, and he felt the Council should defer to its own created board and wait until the courts have made a decision on the pending appeal. He contended that Mr. McGregor knew he could not build on the lot when he bought it, as it is a very small lot. He spoke to bike and traffic problems and a visual problem. He did not feel the applicant should be given special consideration by granting the variance. Ms. Tegger, in her rebuttal, said if the Council were going to consider overturning the Hearings Panel decision, she requested Council not do so tonight, but rather grant an opportunity for the parties involved to make a full presentation at a later date. She felt the Council should defer to the Hearings Panel decision and adopt the findings of fact. Mr. Delay noted for the parties involved that this was a courtesy extended by the Council that is not normally extended. He said the full record had been received by the Council. Mr. Haws was opposed to granting the variance. He referred to page 2 of 4It the January 15 Hearings Panel's minutes, in which it was stated that Mr. McGregor knew when he bought the lot of the physical hardship presented. He felt granting a variance would give the applicant a special privilege. He also supported having a single residence on the lot. Mr. Delay moved, seconded by Ms. Smith, to approve Hearings Panel minutes January 15, 1979. Motion carried, with all Councilors present voting aye, except Mr. Obie voting no. Mr. Delay moved, seconded by Ms. Smith, to adopt Findings of Fact from Hearings Panel meeting January 15, 1979. Motion carried with all Councilors present voting aye, except Haws and Obie voting no. VII. Approval of Minutes Mr. Delay moved, seconded by Ms. Smith, to approve Council minutes March 26, 1979. Motion carried unanimously. Upon motion duly made, seconded, and passed, the meeting was adjourned to April 11, 1979. ~Helr~ City Manager e CTH:DT:jm/CM8a9 2../1 4/9/79-2,0