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<br />Planning & Zoning Connnission <br />July l, 2003 <br />Meeting Minutes <br /> <br />Mr. Kilian asked why he was not told of that requirement when he spoke to Mr. Palzer <br />concerning the proposal. Mr. Palzer indicated that he had specifically indicated to Mr. <br />Kilian that the maximum size allowed is 704 square feet without a variance. <br /> <br />Mr. Kilian indicated he had discussed his proposal with Ms. Moore-Sykes and Ms. <br />Bender and was told that he should be fine but then found out through receiving the <br />packet the issues she had outlined in the Staff report. <br /> <br />Mr. Palzer suggested that Mr. Kilian discuss the square footage requirement with Ms. <br />Moore-Sykes and indicated that he would need to apply for a variance unless he wished <br />to build a 704 square foot structure. <br /> <br />Mr. Kilian indicated that 704 square feet did not suit his purposes and said that is why he <br />had applied for the variance three years ago and was told to wait until the Ordinance was <br />amended and he thought that the 704 was going to be removed from the Ordinance to <br />allow for larger structures in the M-l district. He further commented that he could have <br />built his garage because it was approved by inaction. <br /> <br />Mr. Palzer indicated that once the Ordinance was rewritten whatever was approved by <br />inaction was nullified. <br /> <br />Commissioner Wilharber asked if Mr. Kilian was willing to pay the $175.00 and apply <br />for the variance if that is required. Mr. Kilian indicated he would pay the fee if he knew <br />for sure that his variance would be approved. <br /> <br />Commissioner Wilharber indicated he does not have an issue with approving the request <br />whether or not it requires a variance. He then said that a City's planning is never perfect <br />and that is why variances are available. He further commented that he feels the City <br />should encourage residents to make improvements to their property rather than <br />discouraging them by denying variances for good projects that would improve the <br />property and increase taxes for the City. <br /> <br />Commissioner Klennert Hunt indicated she understood the reasoning behind caution <br />when granting variances but said this property is different in that it is in the M-l district <br />located next to Trio Inn and she does not see a reason that the garage should not be <br />allowed. <br /> <br />Chair Hanson indicated he would like Staff to look into the legal issues concerning the <br />previously applied for variance and whether the City has a responsibility to Mr. Kilian to <br />approve this request due to how things were previously handled. He further clarified that <br />he would like to know whose responsibility it was to bring the variance off the table, the <br />City's or Mr. Kilian's responsibility. <br /> <br />Chair Hanson indicated he would like to know what is the right course of action. <br />Whether Mr. Kilian has to apply for a new variance or if the previous variance request <br />should be pulled off the table and acted upon. <br /> <br />Page 4 of6 <br />