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There being no further testimony, Mr. Mercer declared the public hearing closed. Mr. Brandes pointed out that the Board of Adjustment denied the variance because it could not make the findings required by law. Mr. Butler stated that he realizes that the property owner did not create the problem. However, the owner can bring it up to Code since the spa is portable. Mr. Tarver indicated that the lot is unique because of the street alignment and that he has some difficulty saying that the findings cannot be made. Mr. Mercer agreed with Mr. Tarver. Ms. Mohr stated that she found the property unique and the variance would not cause any problem to anybody. It was moved by Mr. Brandes, and seconded by Mr. Tarver, that the variance be denied. The roll call vote was as follows: AYES: Councilmembers Brandes and Butler NOES: Councilmembers Mohr, Tarver and Mayor Mercer ABSENT: None ABSTAIN: None The motion was defeated. It was moved by Mr. Tarver, and seconded by Ms. Mohr, that Resolution No. 89-524 be adopted, approving AP-89-20, the appeal of Colleen Mckean and granting a variance (Case V-89-27) from the Municipal Code to allow: 1) the retention of an existing spa which encroaches within the required rear yard setback, and 2) to allow the retention of a deck which exceeds the height requirements for the residence located at 4341 Krause Street. The roll call vote was as follows: AYES: Councilmembers Mohr, Tarver and Mayor Mercer NOES: Councilmembers Brandes and Butler ABSENT: None ABSTAIN: None The Council took a four-minute break at 9:48 p.m., and reconvened at 9:52 p.m. 7. SPECIAL AND INFORMATION REPORTS Item 7a Report from the Mayor's Affordable Housing Task Force Before any discussion on the report, Mr. Mercer clarified that the Affordable Housing Task Force is not making any recommendation to Council to do away with the Senior Citizens -t6'- 12-12-89