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City Council Regular Meeting —10109/0& DRAFT Minutes - Page 17 proposals for denial in the staff report. Mayor Klausing noted the clarity of the 2005 Planning Commission minutes indicating in no uncertain terms that they would not consider a variance in the future; and staffs comments that yes, anyone had a right to seek a variance, using the strict application of the ordinance, without necessarily endorsing such application. Mayor Klausing noted previous criticism that he was too eager to grant variances; however, he defended the need to be flexible in the City's growth as a first-ring suburb to avoid deteriorating housing infrastructure. Public Comment Mary Bakeman and Jim Doherty, Variance Board Commissioners Commissioners Bakeman and Doherty briefly reviewed the materials presented by the applicant to the Variance Board, with not site plan included with the request, and additional materials provided to the City Council during the appeal process. Commissioner Bakeman addressed the public notice process for appeal at the City Council level and areas of concern. Mayor Klausing recognized those concerns, but asked that they be addressed as a separate policy discussion at a later date. Commissioner Sakeman brought forward discussions between the applicant and the Planning Commission in 2005 when it was noted that future variance requests would not be reviewed favorably; and the lengthy conversations regarding whether the lot was actually buildable or not, with the Planning Commission being assured that it was buildable without variance. Commissioners Bakeman and Doherty respectfully requested that the City Council would support the Variance Board decision and deny the appeal. Councilmember Pust clarified, for the record, that she had not been at the Planning Commission meeting in 2005 when this was discussed as she'd previously stated, but had actually watched the tape of the meeting, as it included one of John Shardlow's