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City Council Minutes October 15, 2007 Page 4 Mayor Klinzing concurred. She stated the road designation maybe changed by the county in • the future. She noted if the variance is approved, Council would need findings according to the ordinance. Councilmember Moon stated he has no problem with allowing the addition but he has an issue with applying the ordinance because the request doesn't meet the variance requirements. Councilmember Gumphrey concurred with Councilmember Motin. Councilmember Farber stated the hardship would be that the applicant has to sell his house and move elsewhere. He stated there is a large amount of easements on this parcel. Mr. Beck stated the Council would need to state findings for granting the variance. Mayor Klinzing questioned Councilmember Farber if the motion would include the finding that the hardship is that the homeowner would have to move if the variance is denied. Mr. Beck stated the finding for hardship needs to relate to arcumstances being unique to the property. Councilmember Zerwas stated that Sherburne County has high expectations of county right- of-way land for a rural county road and this road is going through an urbanized area of the city. He stated the County's expectation of large amounts ofright-of--way for a ditch system is unreasonable for this area. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE VARIANCE REQUEST V 07-08 BASED ON THE FOLLOWING FINDINGS: 1. THE REQUEST DOES NOT ALTER THE CHARACTERISTIC OF THE NEIGHBORHOOD. 2. COUNTY ROAD 30 IS A RURAL ROAD IN AN URBAN ENVIRONMENT. AND BASED ON THE FOLLOWING CONDITIONS: 1. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 2. THE ADDITION IS REQUIRED TO MEET ALL APPLICABLE BUILDING CODES AND APPLY FOR APPROPRIATE PERMITS. 3. THE ADDITION SHALL BE LOCATED AS SHOWN ON THE PLANS DATED RECEIVED SEPTEMBER 18, 2007. MOTION CARRIED 3-2. Councilmember Gumphrey and Motin opposed. •