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<br />Regular City Council Minutes - 4/28/03 <br />Page 19 <br /> <br />options available; and advised of developing case <br />law to support the perceived definition of the <br />hardship, including three (3) cases currently before <br />the court related to practical difficulties vs. <br />hardships. <br /> <br />Councilmember Maschka opined that if would seem <br />that practical difficulty without the 2 feet would be <br />that the project doesn't work, as it affects the size of <br />the garage and bearing walls. <br /> <br />City Attorney Anderson opined that economic <br />conditions alone didn't constitute a hardship, but <br />they do come into play, they just couldn't be the only <br />thing. <br /> <br />Further discussion between Councilmember <br />Maschka and City Attorney Anderson involved <br />setting a precedent for other properties or the <br />uniqueness of each property. <br /> <br />Discussion ensued among staff and Councilmembers <br />regarding the test of the variance as a hardship and <br />the determinations by Council and staff. <br /> <br />Roll Call (8.2) <br />Ayes: Klausing, Maschka, Schroeder, Kough and <br />Kysylyczyn. <br />Nays: None. <br /> <br />A. Gerald Voerman's Request for a Variance at <br />1251 Roma Avenue (PF 3462) <br />Community Development Director Dennis Welsch <br />reviewed the request. <br /> <br />Mayor Kysylyczyn asked why the item was not <br />included on the Consent Agenda; with Mr. Welsch <br />responding that it had simply been a staff oversight. <br /> <br />Klausing moved, Schroeder seconded, adoption of <br />Resolution No. 10092 entitled, "A Resolution <br /> <br />Resolution 10092 <br />V oerman <br />Variance at 1251 <br />Roma Avenue (PF <br />3462) <br />