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Regular City Council Meeting <br /> Monday, May 15, 2017 <br /> Page 32 <br /> Mayor Roe opined that it had actually never been resolved,thus the need to resolve <br /> it now as noted by Councilmember Etten. Mayor Roe noted that in comparison to <br /> the multiple dog ordinance, this did require a higher standard than that. <br /> Councilmember Etten agreed with the 75%. <br /> Without objection, staff was directed to use Item 4. <br /> Lines 505-506 <br /> Mayor Roe provided technical corrections to strike notice"...prior to consideration <br /> by the City Council,..." since the City Council did not consider it with a process <br /> outlined for staff consideration of a variance then applicable for appeal to the City <br /> Council, and therefore should read accordingly. <br /> Line 511 <br /> City Attorney Gaughan advised that he found the reference in line 507.a for clarity <br /> and notices pursuant to Section 407.07. <br /> Mayor Roe disagreed, noting that these variances were dealing with a nuisance not <br /> an abatement notice. <br /> City Attorney Gaughan advised that a variance could be requested after notice of <br /> abatement. <br /> Mayor Roe questioned if the entire section (#2, line 510) should be struck; since <br /> similar notice was addressed on lines 521-532. <br /> Mr. Englund advised that he read it as a property owner who had been notified of a <br /> nuisance on their property; and able to apply for a variance,but as noted by Mayor <br /> Roe, if there was already a city code in place that they were seeking a variance <br /> from, the nuisance may not yet exist. <br /> City Attorney Gaughan suggested a provision be included to that affect; since his <br /> comments had considered an existing nuisance requiring abatement. Therefore, <br /> Mr. Gaughan suggested retaining line 511, with notices as provided in Section <br /> 407.07.A. <br /> Lines 521-523 <br /> City Attorney Gaughan suggested enumerating this as one provision; addressing <br /> "notify"in line 521; "shall"in line 520; and"D"in lines 528-531 as a starting point <br /> for appeals to move all under Section 407.01. <br /> In line 201 of the proposed changes, Councilmember Etten referenced public hear- <br /> ing posting and questioned if that would be a violation of Item 5 in line 516 or if it <br /> should be added as an Item 6 referring to large commercial vehicles. <br />