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Mr. Swift replied that is correct. If Council chooses to introduce a Code amendment, staff would allow this structure to remain while the Cede amendment is reviewed. Mr. Pico asked if there were any other options available to the Council to approve a variance other than making specific findings. Is there any exception or power in reviewing an appeal that Council might have to allow/approve a variance request other than based on the specific findings from a planning perspective? Mr. Roush replied that variances pose special problems for City Councils. The state law that governs this (the Zoning and Planning Law) does require the Planning Commission/City Council to make those specific findings to grant the variance. Mr. Swift commented that conditions can be attached to variances. If Council chooses to grant the variance, it can be conditional (how the structure is built, removed if the property is sold, etc.) Mayor Tarver opened the public hearing. Kenneth Sewell, 7254 South Valley Trails Drive, commented that he did not seek a permit since other similar structures in the neighborhood were built without permits. He is willing to make the structure fire resistant and felt it to be aesthetically pleasing to the area. Rich Silva, 3305 Harpers Ferry Court, stated his house is adjacent to this property. He has been asked to try to work this out with the neighbor. If the City will sign a waiver stating the City will assume responsibility if his property catches fire from the carport, he would accept the structure. The Silvas had talked to the Sewells and made complaints to the City before the structure was built; but their pleas went unnoticed. The Sewells had the opportunity to build this by code, but chose not to. The structure is a fire hazard by being built too close to the fence; it also has a drainage problem. The law requires a three feet setback and Mr. Silva wanted the setback imposed. He also complained that his roses do not get enough sun because of the carport. Ms. Michelotti asked if the one side of the structure were moved back three feet, would the boat and trailer fit? Mr. Swift replied that the boat trailer would not then fit. It would hit the post. Anita Silva's concern was that Mr. Sewell follow City Code. When the lumber and supplies were delivered, she called the City and asked if the Sewells' had gotten a permit. Mr. Sewell assured her he did not need a permit nor need to keep the overhead structure three feet from the fence line. She requested that he call the City to verify that. Connie Cox, 3934 Petrified Forest Ct., representing the Valley Trails Homeowners Association, hoped the two neighbors would come to a compromise. Mr. Sewell had contacted 10/03/95 -5-