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<br />CC Meeting Minutes <br />October 11, 1989 <br />Page Two <br /> <br />now reads: No disputes proceeding... <br />should read: No disputes except those proceeding. . . , <br /> <br />Page 7, section 4.2, "Disbursements and Bonds II, <br />now reads: .. .shall furnish a bond... <br />should read .. .shall be bonded..., <br /> <br />Page 7, section 5.1, II A. Equipment", Do we want t,C add <br />the type of depreciation?, <br /> <br />motion carried unanimously. A copy of the draft is on file with <br />the Clerk/Administrator. <br /> <br />Brian Miller, City Engineer, presented a letter dated October 9, <br />1989, referencing the Hardwood Pond Estates Phase II escrow <br />requirements for engineering costs. The letter estimated an <br />escrow amount of $4,000.00 for engineering. This letter is on <br />file with the Clerk/Administrator. <br /> <br />NEW BUSINESS: <br /> <br />Discussion of variance request from the side yard setback at 1850 <br />Fox Rlln. <br /> <br />Mr. & Mrs. Zurn, property owners at 1850 Fox Run, were present to <br />request a variance from the Side Yard Setback of Ordinance #4, to <br />erect an attached deck seven feet from the west property line of <br />1850 Fox Run. A public hearing was held before the Planning and <br />Zoning Commission referencing this matter on October 3, 1989. It <br />was noted at the public hearing that the property owners were <br />given misinformation regarding their setback requirements when <br />building their home. They wanted to build their home with a 30 <br />foot setback and were told they needed a 35 foot setback. In the <br />R2A District a 30 foot setback is the requirement. It was the <br />Planning and Zoning recommendation to the City Council to approve <br />this variance request, citing Ordinance #4, section 65.03-1. <br />Misleading information was given to the property owners regarding <br />their setback, thus, special conditions and circumstances exist <br />and do not result from the actions of the petitioner. <br /> <br />The Zurns noted that presently there is not a home on the <br />neighboring lot. <br /> <br />Motion by Peterson, second by Burgstahler to approve the variance <br />request from the Side Yard Setback of Ordinance #4, Table B <br />Schedule of District Regulations, lot and yard requirements made <br />by Mr. & Mrs. Tom Zurn, property owners of 1850 Fox Run, to erect <br />an attached deck seven feet from the west property line of the <br />property described as 1850 Fox Run; citing Ordinance #4, section <br />65.03-1, noting misleading information was given to the property <br />