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. . Minutes of the Regular Council Meeting, March 9, 1987 Page 3 . Miller noted that a retaining wall, existing between the two properties, would also require a variance; he advised that matter should be discussed as a separate issue. Charlotte Spang, 4183 Norma Avenue, explained that she has incurred expenses because of the improper survey of the lots; she asked if the builder would be charged a penalty for the errOr. Council advised Mrs. Spange it would be her responsibility to pursue civil recourse for reimbursement of her expenses. Sather moved, seconded by Peck, that Council approve Case No. 87-02 A & B, 4173 and 4183 Norma Avenue, as requested. Motion carried unanimously. (4-0) VARIANCE FOR RETAINING WALL 4183 NORMA AVE Planner Miller explained that the encroachment of the retaining wall owned by Spangs, 4183 Norma Avenue, is a self-created situation, and that the Spangs have been negotiating the purchase of an easement from the owners of 4195 Norma Avenue. Miller further stated if an easement cannot be obtained, the retaining wall will have to be relocated; he recommended a 3-foot variance be granted for the retaining wall, which would allow Spangs to reconstruct the wall at the property line if the easement is not obtained. . Council asked why this variance request was not part of the setback variance application and if residents should have received notice of this matter. Miller noted that the application for the variance from setback requirements for the homes was initiated by the builder; the encroachment of the retaining wall was identified after the application had been made and this variance request is from the Spangs. He advised this is not an unusual situation; in the past other variances have been identified after an application has been submitted. Miller explained that notifying the adjacent property owners is not a requirement in the variance application process. Moved by Hansen, seconded by Sather, that Council approve the request for a 3-foot setback variance for the existing retaining wall, that exists between the homes at 4183 and 4195 Norma Av_nue. Motion carried unanimously. (4-0) After discussion of past policy reI fines for violation of Zoning Ordinance requirements, Council consensus was that the developer of this addition has an excellent record in the City and that this error was probably unintentional. . CASE #87-05; MINOR SUBDIV. 3280 LAKE JOHANNA BOULEY ARD Council was referred to Planner's report (2-24-87) and Planning Commission minutes of 3-4-87.recommending approval of the Minor Subdivision at 3280 Lake Johanna Boulevard. Planner Miller stated the applicant is proposing to split 10 feet from the south edge of the vacant lot and convey that strip of land to the adjacent property owner. He advised that the propsed lot split and consolidation improves the south lot without detriment to the north lot. Miller further stated that he recommends approval be conditioned upon administrative review and approval of the deeds prior to recording with the County. Hansen moved, seconded by Peck, that Council approve Case No. 87-05, Lot Split/Consolidation at 3280 Lake Johanna Blvd., as submitted by the applicant Michael Hill, contingent upon administrative review and approval of the deeds prior to recording with the County. Motion carried unanimously. (4-0) CASE #87-03; SUP VALENTINE HILLS SCHOOL ADDITION Council was referred to Planner's report (2-24-87) and Planning Commission minutes of 3-4-87, reI application for a Special Use Permit to construct 4 additional classrooms at the Valentine Hills Elementary School. .