1990 Rec./Disb./Resolutions & Minutes

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city Council Meeting Minutes September 12, 1990 Page 10 Council member Pelton noted that she is typically against approving variances but felt that this was an unusual case with erroneous circumstances. She felt that the setback requirement should have been caught prior to approval of the original building permit which would have avoided this request for variance. She requests that a letter be written to the Building Inspector and the builder notifying them that homes with patio doors shall be placed with adequate room for deck space, and if not the builder and the homeowner will run the risk of being allowed a limited deck area. In the future no other variances such as this should be granted. Mayor Haberman noted that he felt the variance request should be turned down. He did not see a need for a 12 foot deck. He advised that he has seen 6 foot decks in other areas and notes that the builders are all aware of the City setbacks. The Clerk/Administrator and Mr. Tobin advised the City Council that typically the Building Inspector is very thorough in the issuance of Building Permits. Motion by Pelton, second by Burgstahler to approve the variance request to erect an attached deck 24 feet from the east property line of the property described as Lot 7, Block 1, Centerville Heights commonly known as 1847 prairie Drive as is appears to meet the standards set by Ordinance #4, Sections - 65.03-1 Special circumstances exist which are particular to the land, structure/building that were instituted due to the approval and recommendation of the Building Inspector with regard to specific details - four footings which were put in under the direction of the City Building Inspector. -65.03-2 That denial of this request would deny the property owner of rights observed by others. Other houses in the area have decks this approximate size or larger. -65.03-3 That no special pri vileges are conveyed to the property owner by the granting of this variance request as decks this size or larger are common throughout the city. -65.03-4 That granting the variance request does not impair light and air to the adjacent properties. As this is a corner lot, this would increase the property value of the home, and that this will not impair values with regard to health and safety of the surrounding properties. The deck would be within the State standards for clear zones due to the layout of the street and the speed zones required in this area. aye - Buckbee, aye - Pelton, aye - Burgstahler, nay - Haberman, motion carried. OLD BUSINESS