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City Council Regular Meetiug -10/09/06 Miuutes - Page 16 Mayor Klausing continued the Public Hearing for the above- referenced request. Community Development Director John Stark briefly summarized request, as previously detailed at the September 25, 2006 City Council meeting. Mr. Stark addressed the further review of the staff reports and minutes of the Planning Commission, Variance Board and City Council regarding both the current variance request and the previous subdivision request establishing the subject property in 2005. Mr. Stark noted staff's revised conclusion, following review of the additional research materials, was that this particular variance request doesn't meet the criteria of being, "due to circumstances unique to the property not created by the landowner;" and staff concluded that there is sufficient cause to deny issuance of a variance. Applicant, Todd Iliff Mr. Iliff referenced his narrative description dated June 23, 2005 as the original request for a minor subdivision; various schematics of the lot; narrative description dated July 13, 2006 regarding the setback variance request; his letter of appeal dated September 15, 2006; and detailed his notes and records regarding the subdivision request. Mr. Illiff alleged that his perception of staff discussions, and those being presented by the Variance Board were not in agreement. Mr. Iliff reviewed the boundary survey map; discussion and proposed design of potential homes for the unique- shaped lot; buildability of the lot with a tradition and/or non- traditional home; and the current housing market. Mr. Iliff respectfully requested that the City Council grant the variance to allow a traditionally-designed home to be built in keeping with the neighborhood, rather than a more modem design or non-aesthetically pleasing materials. City Attorney Anderson provide his interpretation following review of the Council packet materials as presented; and concurred with the position of the Planning Department in not finding a lack of hardship, with practical difficulties created due to the circumstances of the landowner; and supported the the Appeal of the Variance Board's Action to Deny the Request by Charles Weleczki & Todd Iliff for a Variance to ~ 1004.016 (PF 3781)