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~I I I Council Meeting Minutes August 22, 2000 Page 3 Council Business. continued Richard Johnson, 1707 19th Ave., believes a large structure in a neighboring backyard would be more of a hardship on himself and the neighbors. He noted that the participants at the mediation felt the proposed construction to be an acceptable alternative. Jeannine McDonald, 1703 18th Ave., lives across the street and was unaware of the situation or the mediation session. She is very dismayed a variance would be granted to allow a garage 33 inches from a lot line adjacent to a busy four-way stop. She noted that not all neighbors were in agreement at the mediation, and feels the proposal will negatively affect the value ofthis home and adjacent properties. She feels the Council should follow the Planning Commission recommendation for denial because the request is in opposition to current Code and may establish a negative precedent. Bill Spitzmueller, 1773 17th Ave., is in opposition to the request, and noted that the Planning Commission found the hardship criteria unfulfilled. He questioned ifthere was prearrangement with the applicant for approval of the request. Larson stated he did not know Prebonich before the home was purchased nor had previous discussion regarding the request. Larson did meet with Prebonich and Johnson to help determine a solution to make the majority of residents happy. John McDonald, 1703 18th Ave., feels this situation was handled in a very unprofessional manner, and was never contacted about the mediation session. Alice Finley, 1629 18th Ave., knocked on every neighbor's door notifying them ofthe mediation, and apologizes the McDonalds were not notified. Her goal is to heal the neighborhood, but not necessarily provide full agreement. Fulton asked McDonald ifhe received the City's mailing of the public hearing notice of the variance. McDonald did receive the hearing notice, but was not made a part ofthe mediation session. Fulton added that Finley played a leadership role to provide communication to the neighborhood, and acknowledged her participation to determine a reasonable solution. McDonald believes a small handful of people are dictating the solution for the entire neighborhood, and feels the lack of notification is reason for denial. Samuelson asked the options involved in constructing the addition on the back of the property. Teague said the setback requirements for a side street yard on a home built prior to 1981 is 15 ft., and no formal approval process is required other than building permit approval. The detached garage setback requirement is 30 ft., but Council could allow a 15 ft. setback through special permission if the new structure lines up with existing structures as in this case. Jerry Fuhr, 1899 17th St., suggested Prebonich construct an attached one or two car garage to the rear of the existing garage. Mike Prebonich explained that after speaking to Teague regarding the detached garage in the rear yard, he spoke to Johnson who took objection to this plan. He has been patient and cordial and is making a concerted effort to keep the property in good shape and get along with his neighbors. He did not attend the Planning Commission because he felt it would be a public lynching, and thanked Finley for arranging the mediation and feels much good has come from it. He added there have been no backroom meetings with Council or staff regarding the addition. Council Business 1706 18th Ave Variance - Garage Construction Report 00-195 Resolution 00-074