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~ . City Council Minutes December 17, 1984 Page Three the accessory building without a building permit and without previously checking with the City to determine appropriate setbacks. Mr. Fuchs indicated that the Planning Commission considered the Gerber variance request at their meeting of November 20, 1984 and further indicated that the Planning Commission felt that the necessary variance standards could not be met, that a hardship did not exist, and that a bad precedent would be established if Mr. Gerber's request was granted. Therefore, the Planning Commission voted unanimously to recommend denial of the variance request. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the Gerber variance request. COUNCILMEMBERDUITSMAN MOVED TO DENY A VARIANCE REQUEST BY MR. CHARLES GERBER OF 204l8.AUBURN STREET TO ALLOW A.TWELVE (12) BY FOURTEEN (14) FOOT ACCESSORY BUILDING TO REMAIN. IN THE REQUIRED FRONT YARD SETBACK AND TO REQUIRE MR. GERBER TO REMOVE THE ACCESSORY BUILDING BY MAY 1, 1985. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Renner Preliminary Plat, Ordinance Amendment and Conditional Use Permit - Public Hearing Mr. Arlon Fuchs, representative of the Planning Commission, indicated that Mr. E.H. Renner of 14747 County Road #30, has requested preliminary plat approval for a parcel of property at the intersec.tion of Jarvis and Highway 1110 which would create 9 lots in an industrial zone. Mr. Fuchs indicated that the Planning Commission considered the preliminary plat at their November 20, 1984 Planning Commission meeting. and voted unanimously to recommend approval. Mr. Fuchs indicated that Mr. Renner also requested an ordinance amendment and a conditional use permit to enable him to make specific use of one of the parcels of property in the preliminary plat. Mr. Fuchs indicated that Mr. Renner wants a residence in one of the office buildings as proposed for the preliminary plat. Mr. Fuchs indicated that the Planning Com- mission was uncomfortable with the language as presented and therefore, tabled the matter until the City Attorney could prepare additional language to address Mr. Renner's situation. Mr. Fuchs indicated that the Planning Commission wanted the residence to be within the building and at the time of the sale of the building that it be converted to office space; therefore, the conditional use would be only for Mr. Renner. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the Renner preliminary plat or the ordinance amendment and conditional use permit. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE PRELIMINARY PLAT AS PRESENTED BY MR. E.H. RENNER OF 14747 COUNTY ROAD 30 FOR A PARCEL OF PROPERTY AT THE INTERSECTION OF JARVIS AND HIGHWAY #10. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. TIlE MOTION PASSED 3-0. COUNCILMEMBER GUNKEL MOVED TO CONTINUE THE PUBLIC HEARING ON MR. RENNER'S ORDINANCE AMENDMENT AND CONDITIONAL USE PERMIT UNTIL SUCH TIME AS LANGUAGE ADDRESSING MR. RENNER'S REQUEST CAN BE PRESENTED TO THE PLANNING COMMISSION FOR THEIR APPROVAL AND THEN PRESENTED TO THE CITY COUNCIL AT THEIR FEBRUARY MEETING. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0.