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169 It was moved by Mr. Tarver, and seconded by Ms. Scribner, approving the exemption to the City's Growth Management Program for Red Bear Inc., PUD-91-10 for 1993, and waiving the City fees for this project. Mr. Butler commented that it did not matter what year a Growth Management exemption is applied for and moved to amend Mr. Tarver's motion to remove a specific year for the exemption. Ms. Mohr seconded the motion to amend. The roll call vote was as follows: AYES: Councilmembers Butler, Mohr, Scribner, and Mayor Mercer NOES: Councilmember Tarver ABSENT: None ABSTAIN: None The vote on the amended motion to adopt Resolution No. 92-207, approving the exemption from the Growth Management Program for Red Bear, Inc., PUD-91-10, and waiving the City fees for this project, was as follows: The roll call vote was as follows: AYES: Councilmembers Butler, Mohr, Scribner, Tarver and Mayor Mercer NOES: None ABSENT: None ABSTAIN: None Item 6c AP-92-13/Z-92-49, Andy Salmon Appeal by City Council of the decision of the Planninq Commission approving an application to allow the retention of an existing 238 sq. ft. pavilion with a deck, approximately 11 feet in heiqht, located at 2943 Victoria Meadow Court, Zoning for the property is PUD (Planned Unit Development) - Medium Density Residential District (SR92:445) Mr. Mercer declared the public hearing open on the appeal. Andy Salmon, 2943 Victory Meadow Court, stated that he did not intend to do anything wrong when he built this pavilion. He evidently took a wrong measurement of his gazebo. He thought it was under ten feet. Once a complaint was made, the City staff visited the location and measured the deck from a different location than he did. The gazebo measured eleven feet. He has had discussions with his neighbors in hopes that this could be resolved. Mr. Butler understood that Mr. Salmon has applied for a building permit. He asked if the permit was being held until this appeal was determined by Council. 11/3/92 11