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City Council Minutes December 18, 2017 Page G Councilmember Wagner indicated she believes the situation is unique and the variance is acceptable given the applicant's request. Councilmember Ovall concurred adding the house was built with the intent for the deck off the back of the house. Councilmember Westgaard also agreed. He added he believes these requests should be reviewed on a case by case basis and is not in favor of an ordinance amendment. He noted realtors and builders have some responsibility as they are giving homeowners the perception decks are allowed in specific locations. Mayor Dietz questioned if precedence is being set. Mr. Leeseberg indicated that is irrelevant because the Council makes decisions on a case by case basis, however staff does look for consistency. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the variance request by Dan Weinmann,13825 2141' Avenue, to construct a deck based on all five variance criteria having been met as outlined in the applicant's narrative. Motion carried 5-0. 7.6 Denial/Non-Renewal of Rental License for 9772 Tipton Circle NW Chief Cunningham presented the staff report. Mayor Dietz opened the public hearing. Ron Black, Black Law, attorney representing the property owners requested a hearing continuation until April when the property owners return from Florida. He stated he disagrees there hasn't been a good faith effort to remedy the situation. He stated his clients attempted to discuss this issue with staff but staff refused to discuss with them. He added his clients had no notice of this hearing. Chief Cunningham explained staff received an appeal request from Mr. Black prior to the owners attempting to discuss with staff. He stated staff policy is to defer all communications through our attorney once legal representation is established and the Rasmusson's were made aware of this policy. He indicated staff attempted to contact the property owners once cleared by the attorneys but did not have a valid phone number until recently. He stated the property owners and tenant both received and signed for hearing notification via certified mail so they were aware of the hearing; notice was also published in the local paper. He noted ordinance requires rental owners who live out of state to have an authorized legal agent in state to handle matters such as this. Tammy Jorgenson Owens, 1790 Tipton Circle — stated the owners didn't leave for Florida until the end of October and were well aware of the situation and violations. She noted they did seem to make some attempt to remove stuff but more stuff appeared. She stated she would like to see this issue finished noting the homeowners were aware of the hearing and could have returned to attend. P0ifIRII It ATURE