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253 <br /> <br /> Ms. Mohr suggested that something be included in the PUD <br />process for proposals involving significant grade separations and <br />second-story windows to alert the Council when these cases come <br />before them. <br /> <br /> It was moved by Mr. Brandes, and seconded by Mr. Butler, <br />that the appeal be granted, thereby denying the variance. <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes and Butler <br />NOES: Councilmembers Mohr and Tarver and Mayor Mercer <br />ABSENT: None <br />ABSTAIN: None <br /> <br /> The motion failed, therefore upholding the decision of the <br />Board of Adjustment; consequently, Resolution No. 89-356 approves <br />the variance. <br /> <br /> Mr. Mercer requested Mr. Swift to send a letter to Mr. <br />Collins informing him that he has a variance for his trellis. <br /> <br />Item 6d <br />Ap-89-12, Appeal of a Decision of the Board of Adjustment which <br />denied approval of Case V-89-10, the Application of Daniel and <br />Mary Davis for a variance from the Municipal Code to allow the <br />construction of a garage structure that will encroach into the <br />required side.yard setback, and a fence over 30" in height on the <br />property line located at 4122 Nevis Street. <br /> Mr. Swift presented his report (SR 89:366) regarding the <br />matter. <br /> <br /> Mr. Mercer declared the public hearing open on the <br />application. <br /> <br /> There being no testimony, Mr. Mercer declared the public <br />hearing closed. <br /> <br /> Ms. Mohr asked Mr. Swift what the problem was regarding the <br />suggestion that the proposed garage be moved behind an existing <br />garage where it would meet standards. <br /> <br /> Mr. Swift replied that the owners were not interested in <br />destroying the trees and landscaping of their back yard to build a <br />garage. <br /> <br /> Ms. Mohr inquired if these were heritage trees. <br /> <br /> Mr. Swift answered that they might be by height but not by <br />growth. <br /> <br /> -11- <br /> <br /> 8-15 -89 <br /> <br /> <br />