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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 23,2012 Page 24 Mr. Aschemanadvised that the adjacent house at 2263 Dellwood was located two feet (2') off the boundary with the garage off a ten foot (10') easement that could not be used. Mr. Ascheman questioned if the City was going to force their firm to obtain a variance, or if other options were available for them to pursue. Mr. Ascheman noted that the application was for a one foot (1') vari- ance; and asked if the City could allow such a deviation if they guaranteed they weren't going to use that area. Mr. Ascheman noted the hardship caused by this additional easement, with other properties not losing any of their land for the easement. Mayor Roe confirmed that the recommendation was for a condition of approval that did not create a non-conforming use; and provided a number of options if the survey determined the actual footage. Mayor Roe clarified that the reason a variance was not being considered tonight was that the City Council was not the body to grant variances; and based on multiple options available, the City Council was therefore trying to accomplish the same thing through conditions, while not making it too restrictive. However, Mayor Roe noted that, as part of the process, the applicant would need to find an option that worked. Public Comment Jim Tschida,2247 Dellwood Mr. Tschida, as an adjacent resident to the site, expressed his concern with the garage not having the required five foot (5') setback. Further, Mr. Tschida expressed concern that he, and the neighbors, had not re- ceived this information until today; and asked that action be tabled until the neighborhood had more time to get together and discuss this. Mr. Tschida ad- vised that he had talked to Mr. Lloyd several times this spring when rumors of the land purchase were heard and a surveying company was seeking information from neighbors, and that was the last he had heard. Now, with the application before the City Council, Mr. Tschida opined that he and his neighbors were concerned that they had not had more time to review this application. Some of the questions Mr. Tschida brought forward included the fence on the north side of the property, whether it would remain,be removed or moved onto his proper- ty line, since he already has a three foot (3') fence there. Mr. Tschida noted that the Dellwood parcel would be landlocked and unable to be used for any other purpose, unless the applicant sought a variance to expand their business. Mr. Tschida opined that the only useful purpose for the parcel was for residential use. Mr. Tschida referenced Section 6.0 of the staff report addressing public com- ment; however, he questioned how much, if any, contact the applicant had with adjacent property owners, since the first time many became aware of it was to- day. Mr. Tschida noted that the neighborhood had just received a letter from