Laserfiche WebLink
City Council Minutes Page 6 <br /> December 18,2017 <br /> ----------------------------- <br /> Councilmember Wagner indicated she believes the situation is unique and the <br /> variance is acceptable given the applicant's request. Councilmember Ovall concurred <br /> adding the house was built with the intent for the deck off the back of the house. <br /> Councilmember Westgaard also agreed. He added he believes these requests should <br /> be reviewed on a case by case basis and is not in favor of an ordinance amendment. <br /> He noted realtors and builders have some responsibility as they are giving <br /> homeowners the perception decks are allowed in specific locations. <br /> Mayor Dietz questioned if precedence is being set. Mr. Leeseberg indicated that is <br /> irrelevant because the Council makes decisions on a case by case basis, however staff <br /> does look for consistency. <br /> Moved by Councilmember Wagner and seconded by Councilmember <br /> Westgaard to approve the variance request by Dan Weinmann, 13825 214 Ib <br /> Avenue, to construct a deck based on all five variance criteria having been <br /> met as outlined in the applicant's narrative. Motion carried 5-0. <br /> 7.6 Denial/Non-Renewal of Rental License for 1772 Tipton Circle NW <br /> Chief Cunningham presented the staff report. <br /> Mayor Dietz opened the public hearing. <br /> Ron Black,Black Law, attorney representing the property owners requested a <br /> hearing continuation until April when the property owners return from Florida. He <br /> stated he disagrees there hasn't been a good faith effort to remedy the situation. He <br /> stated his clients attempted to discuss this issue with staff but staff refused to discuss <br /> with them. He added his clients had no notice of this hearing. <br /> Chief Cunningham explained staff received an appeal request from Mr. Black prior <br /> to the owners attempting to discuss with staff. He stated staff policy is to defer all <br /> communications through our attorney once legal representation is established and <br /> the Rasmusson's were made aware of this policy. He indicated staff attempted to <br /> contact the property owners once cleared by the attorneys but did not have a valid <br /> phone number until recently. He stated the property owners and tenant both <br /> received and signed for hearing notification via certified mail so they were aware of <br /> the hearing;notice was also published in the local paper. He noted ordinance <br /> requires rental owners who live out of state to have an authorized legal agent in state <br /> to handle matters such as this. <br /> Tammy Jorgenson Owens, 1790 Tipton Circle— stated the owners didn't leave for <br /> Florida until the end of October and were well aware of the situation and violations. <br /> She noted they did seem to make some attempt to remove stuff but more stuff <br /> appeared. She stated she would like to see this issue finished noting the homeowners <br /> were aware of the hearing and could have returned to attend. <br /> UREJ <br />