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<br />Council Member Broussard Vickers told Mr. Carpenter that being allowed to build the <br />house there did not make it conforming. <br /> <br />Mayor Swedberg indicated he felt there is some merit to consider rezoning considering <br />the depth of the lot and the zoning of other property in the area. <br /> <br />Mr. Carpenter asked if rezoning the property was in the best interest ofthe City. <br /> <br />Mayor Swedberg indicated he was not sure how to solve Mr. Carpenter's problem. <br /> <br />Mr. Carpenter asked why he could not have an amendment if he was zoned properly and <br />grandfathered in with all the rights. <br /> <br />Mr. Carpenter said if the structure bums down in 5 or 6 years when he retires he would <br />not rebuild it but he would need to do so if it burned down prior to that time. <br /> <br />Council Member Travis asked if Mr. Carpenter was opposed to the rezone. <br /> <br />Mr. Carpenter asked the City to check with other villages and see how they handle these <br />types of matters. <br /> <br />City Attorney Hoeft indicated that in years' past, the rules were different from <br />community to community as far as the standards for non-conforming pre-existing <br />structures. He then indicated that the legislature had decided this year to pass legislation <br />indicating that for pre-existing non-conforming structures in all statutory cities, the law <br />is, if the structure is destroyed by more than 50% in value it cannot be rebuilt, and it <br />cannot be expanded and the City has no ability to change that. <br /> <br />Council Member Broussard Vickers indicated the only way to solve the problem would <br />be for the City to consider rezoning the property. <br /> <br />Mr. Carpenter said he would like a copy of the state statute Mr. Hoeft had quoted. He <br />then indicated he wanted to sit down with the City Attorney and have him explain it to <br />him because he hired the attorney just like everybody else did. <br /> <br />Council Member Broussard Vickers indicated it would be helpful if the City Attorney <br />would give Mr. Carpenter a copy of the statute but said she did not feel it is the City's job <br />to advise Mr. Carpenter and said he should get his own attorney to interpret the statute for <br />him. <br /> <br />Mr. Carpenter indicated that he bought the permit and jumped through all the hoops and <br />he thinks he should be conforming. He then questioned why Council does not think his <br />ability to understand the statute is a legal issue for the City. He further questioned why, <br />ifhe pays taxes, he cannot use the services of the City Attorney. <br /> <br />Page 6 of 23 <br />