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2001-09-04 P & Z
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2001-09-04 P & Z
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structure at 1977 South Robin Lane. Vote: Ayes – 4, Nays – 2 (Brainard/Hanson). <br />Motion carried. <br /> <br /> <br />2. 6994 Centerville Road <br /> <br />Commissioner DeVine asked Mr. Hasiak if he intended to attach the addition to the <br />existing shed. Mr. Hasiak indicated that the addition would be attached to his shed. <br /> <br />Chairperson Hanson asked if the addition was fully enclosed or chain link. Mr. Hasiak <br />indicated it would be fully enclosed for his dog. <br /> <br />Chairperson Hanson asked what kind of dog Mr. Hasiak had. Mr. Hasiak indicated he <br />has a rottweilor. <br /> <br />Commissioner DeVine asked if Mr. Hasiak is working on finishing the interior of the <br />shed. Mr. Hasiak indicated it is sheetrocked and said he is making some corrections to the <br />wiring as a result of the inspection. <br /> <br />Commissioner Wilharber indicated the application was a request to build an 8 x 24 chain <br />link fence enclosure 8 feet high and that is not what Mr. Hasiak had indicated earlier at <br />the meeting. He then asked Mr. Hasiak what he intended to build. Mr. Hasiak indicated <br />he intended to build an 8 x 24 enclosed area to contain his dog to protect the <br />neighborhood from his dog. He then suggested that the Commission should consider <br />granting his request because it may be partially the fault of the City if his dog should get <br />out of his fenced yard and bite someone. <br /> <br />Chairperson Hanson explained that, according to City Code, an animal is required to be <br />under an owner’s control. He also noted that if that animal is not under the control of its <br />owner and bites someone it can be declared to be a potentially dangerous animal and can <br />be confiscated. He further stated it is Mr. Hasiak’s responsibility to control his dog. <br /> <br />Commissioner Wilharber clarified that the pole building has not been through final <br />inspection. Mr. Palzer confirmed that the final inspection on the improvements to the <br />interior of the shed had not passed final inspection. <br /> <br />Mr. Palzer indicated that, according to the Ordinance, the pole barn should have come <br />down when the property was rezoned from agricultural to residential. He then suggested <br />that, if a variance was not granted at that time for the pole shed, the shed could be torn <br />down if it has been less than five years. <br /> <br />Commissioner DeVine indicated that the City could not allow the applicant to intensify <br />the use of a nonconforming building. <br /> <br />Motion by Commissioner DeVine, seconded by Commissioner Sheppard to <br />recommend Council deny the request for a variance to construct an 8 x 24 addition <br />Page 14 of 16 <br /> <br />
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