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. . . City Council Minutes June 20, 2005 Page 8 GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT THE FENCING PRIOR TO GRADING COMMENCING. 22. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 23. OUTLOT E SHALL BE DEDICATED AS PARK. THE DEVELOPER SHALL NOT RECEIVE PARK DEDICATION CREDIT FOR WETLANDS OR STORMWATER PONDS LOCATED IN OUTLOT E. CASH IN THE AMOUNT OF $136,752 (2005 DOLLARS) SHALL BE PAID TO COMPLETE THE PARK DEDICATION REQUIREMENTS. 24. ADDITIONAL TREES SHALL BE PROVIDED ON CORNER LOTS. 25. SIDEWALK EASEMENTS SHALL BE PROVIDED AS REQUIRED IN THE CITY ENGINEER'S MEMO OF JUNE 10, 2005. MOTION CARRIED 5-0. 6.3. Request by Michael Sizen for a 3' Sideyard Variance Request. Public Hearing. Case No. V 05-01 Staff report presented by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a side yard setback variance of 3-feet to construct an 8-foot wide deck. Mr. Leeseberg provided an overview of the request, including the five conditions that must be met in order to grant a variance and staff's suggestion for alternative deck placement. He noted that the Board of Adjustments denied the request because they did not feel that the applicant met two out of the five conditions that must be present to grant a variance. Mayor Klinzing opened the public hearing. Michael Sizen, 12526 194th Lane, applicant - stated that he spoke to the neighbor that this variance would affect the most and she does not have a problem with it. He stated that as part of the variance request he had to send letters to any property owner within 350-feet of his home and no one had any problems with the request. Mr. Sizen indicated that the fireplace vent would prohibit deck placement where staff recommends. He also stated that he had never built a home before and he had to trust the builder and developer to tell him what he needed to know. He stated that if he had been told about the setbacks he would have chosen to build on a different lot. There being no one else to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin stated that he doesn't feel that Mr. Sizen's request meets the five conditions that must be met for variance approval. Councilmember Motin stated that there are other viable options for deck placement, including staff's recommendation.