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Regular City Council Meeting Monday, June 28, 2010 Page 16 Mayor Klausing addressed his concerns in language of City Code, Section 1004 related to platting variations and subdivisions and the five different types of sub- divisions and processes to follow, both with and without a public hearing at the Planning Commission level and/or through administrative review by staff with recommendation directly to the City Council, such as this request. Mayor Klaus- ing questioned the "unnecessary hardship" portion of the language as it relates to this request. City Attorney Caroline Bell Beckman addressed statutory requirements relative to the five exceptions delegated to the City's Planning Department by the City Council, consistent with the City Council's authority, and with other communi- ties. On an unrelated note, Ms. Bell Beckman suggested that the City Council may want to review the ordinance in the future to provide more clarity. Discussion ensued on the ordinance language and its intent and purposes; inter- pretation of the process in this case; and whether to go back through a more for- mal process to the Planning Commission. Mr. Trudgeon advised that, since City Council action in 1995, it was the practice to determine hardship based on those five (5) criteria), and questioned how staff could come up with a standard on an individual case-by-case basis for that analy- sis. Applicant, Wayne Groff, new owner at 2218 W County Road 36 Mr. Groff clarified that it was his intent to live on the property; and that he was not purchasing it for redevelopment of higher density housing as suggested by cit- izens earlier this evening. Mr. Groff advised that he had worked with staff in good faith to meet the requirements of City Code and state law. Mr. Groff noted that his immediate intent was to live in the existing home, once remodeled to re- place the existing flat roof for easier maintenance, for 2-3 years; and that he would eventually like to build a home on the corner lot; and finally another on the last lot in approximately 6-8 years that would be handicapped accessible and serve as his retirement home. Mr. Groff assured the City Council and neighbors that it was not his intent to deteriorate the neighborhood; and noted that an ease- ment had been recorded with the deed on the property for the area proposed for removal of a portion of the driveway. Mr. Groff advised that it was his intent to hire contractors to complete the remo- del of the existing home by September 15, 2010, depending on their work sche- dules; and based on his landscape architecture background, he was attempting to maintain existing trees, with the exception of a diseased Birch tree, invasive Buckthorn, and Ash trees of concern. C7