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Planning Commission Meeting Minutes – Wednesday, November 04, 2009 Page 3 Chair Doherty closed the Public Hearing at 6:53 p.m.; no one appeared for or against. Chair Doherty spoke in support of the Conditional Use, but in opposition to the Variance for additional height, based on the lack of evidence of a defined hardship. Chair Doherty questioned the ramifications if the Conditional Use was approved, but the Variance denied. Chair Doherty advised that this would allow the applicant to explore alternatives, while still being able to construct the garage, without the additional height currently allowed by City Code. Commissioner Boerigter, while sympathetic to the plight of the applicant, noted that the overall height to midpoint of the roof was not beyond current Code, and only the wall height above the nine feet (9’) allowed was the issue. Commissioner Boerigter questioned the purpose of that provision, if it was due to the building looking that much higher with higher walls. However, Commissioner Boerigter concurred that this didn’t equate to a defined hardship that would justify granting the variance. Commissioner Boerigter questioned if this portion of the City Code should be reviewed for further refinement. Commissioner Boerigter spoke in support of the Conditional Use, but spoke in opposition to the Variance; and suggested that the applicant pursue alternatives to accommodating the motor home with a nine foot (9’) wall and midpoint roof at fifteen feet (15’). While unfortunate, Commissioner Boerigter advised that he could not support deviating from the current code. Commissioner Wozniak spoke in support of the Conditional Use, but in opposition to the Variance, and echoed Commissioner Boerigter’s observations; while recognizing the applicant’s attempt to remove an eyesore, he could not find evidence of a hardship to support the Variance. MOTION Member Boerigter moved, seconded by Member Doherty to RECOMMEND TO THE CITY COUNCIL APPROVAL a CONDITIONAL USE for Richard Martin, 2970 Mildred Avenue; based on the comments and findings of Section 6, and the conditions of Section 7 of the staff report dated November 16, 2009. Ayes: 6 Nays: 0 Motion carried. MOTION Member Doherty moved, seconded by Member Cook to RECOMMEND TO THE CITY COUNCIL DENIAL of the Variance requested by Richard Martin, 2970 Mildred Avenue; based on the comments and findings of Section 5 of the staff report dated November 16, 2009. Ayes: 6 Nays: 0 Motion carried. Chair Doherty noted that the case was scheduled to be heard by the City Council at their November 16, 2009 meeting. Commissioner Wozniak spoke in support of including this portion of City Code in the overall review of the City’s Zoning Code, for possible modification. City Planner Paschke advised that he had duly noted that suggestion; and encouraged additional comment from individual Commissioners on areas