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145 <br /> <br />subject to conditions set forth in Staff Report 88:436, be <br />adopted. <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor <br /> Mercer <br />NOES: None <br />ABSENT: None <br /> <br />item 9f <br />AP-88-14, Appeal of a decision of the Board of Adjustment denying <br />Case V-88-13, application of Robert Crawford for a Variance from <br />the Municipal Code to permit construction of a shed structure that <br />encroaches into the required sideyard setback at 3193 Montpelier <br />Court. Zoning for the property is R-1-6500 fSingle-family <br />Residential) District <br /> Mr. Swift presented his report (SR 88:433) dated September 6, <br />1988 regarding this matter. <br /> <br /> Mayor Mercer declared the public hearing open on the item. <br /> <br /> Mr. Robert Crawford, appellant, stated the shed is attached <br />to the fence on his side and his neighbor has an adjoining shed on <br />the other side of the fence abutting his structure. He stated the <br />adjoining neighbor is not opposed to the structure and it is not <br />visible from the street. He felt he should be allowed to keep the <br />shed since, in his opinion, it did not adversely impact anyone <br />else. He stated the only thing that made the shed illegal is that <br />it is attached to the fence and is two feet too tall. <br /> <br /> Councilmember Mohr stated that appropriate findings could not <br />be made therefore Council would be discriminating if they granted <br />this variance. <br /> <br /> Councilmember Wilson stated it is illegal to have a shed <br />attached to a fence; it is a fire hazard as well as a danger to <br />public health and safety. <br /> <br /> Mr. Swift advised the shed is too large to be considered a <br />Class II structure, and is too close to the fence and main <br />structure. He reviewed the findings necessary to grant a <br />variance, which in this case cannot be determined. <br /> <br /> No one in the audience spoke in opposition to the appeal. <br /> <br /> There being no further testimony, Mayor Mercer declared the <br />public hearing closed. <br /> <br /> It was moved by Councilmember Brandes, and seconded by <br />Councilmember Wilson, that Resolution No. 88-435, denial of AP-88- <br />14, appeal of a decision of the Board of Adjustment denying Case <br />V-88-13, application of Robert Crawford for a variance from the <br />Municipal Code to permit construction of a shed structure that <br />encroaches into the required sideyard setback at 3193 Montpelier <br />Court, be adopted. <br /> - 12 - <br /> <br /> 9-6-88 <br /> <br /> <br />