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City Council Minutes <br />January 21, 2003 <br />............................. <br /> <br />Page 6 <br /> <br />COUNCILMEMBER MOTIN MOVED TO GRANT THE VARIANCE FOR PAT <br />AND LOU PERTL BASED ON THE FOLLOWING FINDINGS: <br /> <br />LITERAL ENFORCEMENT WOULD REQUIRE THE APPLICANT TO <br />PLACE THE GARAGE IN A LOCATION THAT WILL NOT SUIT THE <br />APPLICANT'S PHYSICAL NEEDS AND WOULD NOT BE <br />ACCESSIBLE OR PLACE IT WHERE THERE IS CONSTANT <br />CONFLICT WITH THE WELL. IT WILL ALSO REQUIRE THE <br />REMOVAL OF A SIGNIFICANT AMOUNT OF TREES TO PLACE THE <br />STRUCTURE IN AN AREA THAT WOULD NOT REQUIRE A <br />VARIANCE. <br /> <br />o <br /> <br />THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br />CIRCUMSTANCES THAT ARE PECULIAR TO THE LAND. THE LOT <br />SIZE IS MUCH SMALLER THAN THE MINIMAL LOT SIZE FOR <br />THAT ZONED AREA. THE SITE IS HEAVILY WOODED AND THE <br />HOUSE WAS PLACED CLOSE TO THE ROAD TO MINIMIZE THE <br />IMPACT OF TREE REMOVAL. THE CONTOUR OF THE TERRAIN <br />LIMITS THE APPLICANT'S MOBILITY. THE LOCATION OF THE <br />WELL RESTRICTS WHERE THE GARAGE COULD BE PLACED. <br />THE PROPERTY IS A CORNER LOT, WHICH HAS TWO FRONT <br />PROPERTY LINES, WHICH FURTHER RESTRICTS THE "SIDE" OF <br />THE HOUSE. <br /> <br />° <br /> <br />OTHER PROPERTIES IN THE SAME DISTRICT DO NOT HAVE <br />THE SAME CHARACTERISTICS (LOT SIZE, TERRAIN, <br />VEGETATION) THAT LIMIT THE LAND THAT IS AVAILABLE TO <br />CONSTRUCT ADDITIONAL GARAGE SPACE. <br /> <br />o <br /> <br />THE SPECIAL CONDITIONS ARE NOT A CONSEQUENCE OF THE <br />APPLICANT'S ACTIONS OR INACTIONS. THE SPECIAL <br />CONDITIONS RELATE TO THE PHYSICAL CHARACTERISTICS OF <br />THE SITE AND THE LOCATION OF THE HOUSE, WELL AND <br />SEPTIC FIELD. <br /> <br />° <br /> <br />THE GRANTING OF THIS VARIANCE WOULD NOT BE INJURIOUS <br />TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE <br />OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD <br />WHERE THE PROPERTY IS LOCATED. THE REMOVAL OF OAK <br />TREES MAY IN FACT PRODUCE OAK WILD IN THE AREA IF NOT <br />DONE PROPERLY. <br /> <br />COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION <br />CARRIED 5-0. <br /> <br />6.3. <br /> <br />Request by Chris Stokke (Greenscape Landscaping) for an Amendment to a Conditional <br />Use Permit, Public Hearing - Case No. CU 02-33 <br /> <br />Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is <br />requesting an amendment to a conditional use permit for a landscape contractor's yard. The <br /> <br /> <br />