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! <br />REGULAR CITY COUNCIL MEETING HELD APRIL 8. 1991 <br />(IIO)ZONING FILE #1629-MCNULTY CONSTRUCTION CONTINUED <br />Callahan stated that he w'.s primarily opposed to <br />constructing the building initially because he could not see that <br />there was any hardship. He said, "I can find nothing to indicate <br />that the structure is having a negative impact on the land. Due <br />to the size of the parcel on which this structure is located, I <br />cannot see any problems from a planning viewpoint, Given the fact <br />Council originally approved a building of this size for this <br />purpose, couplad with Mr. MzNulty's facts about the rights given <br />up by the MacMillans, I am not sure that the addition should be <br />denied, even though I d;.d not approve the building from the <br />start. ** <br />Butler stated that she does not question the good intentions <br />of the MacMillans to continue to comply with the City's <br />requirements. She said, "Hov’ever, the City has adopted an <br />Ordinance to address this specific issue, ani I believe it is up <br />to the City Council to abide by the Ordinances that are <br />established. I believe we may face problems in the future, if we <br />allow a Variance to our new Ordinance without sufficient <br />hardship." <br />McNulty responded, "Council has the authority to grant <br />Variances to the C -/'s Ordinances when it finds conditions exist <br />to justify that. Council found those conditions to exist in the <br />past, and they still exist now, I would also like Council to <br />view this request from a practical standpoint. V/e want to do <br />what makes the most sense for this piece of property. The <br />MacMillans want a garage and squash court. Does it make sense to <br />add that onto a French Colonial home, or add it onto an accessory <br />structure designed for recreational purposes? The MacMillans <br />could apply for and obtain a building permit to add onto the <br />existing residence without approval from the City Council." <br />Bellows noted that the members of the Planning Commission <br />had raised a concern regarding the fact that, to the best of <br />their knowledge, the principal structure is used more as a <br />guesthouse than a permanent residence. <br />McNulty explained that the house is in transition within the <br />MacMillan family. He said, "Mr. MacMillan and his brother and <br />sister own the home, which belonged to their mother and father. <br />His sister continues to reside there when she comes to town, and <br />her children reside there. Someday one of the children will have <br />a life estate in that home and will live there as a family <br />member. A family as large as the MacMillan's has something in <br />transition, but it is a family home that is part of the family <br />estate." <br />It was moved by Callahan to conceptually approve the <br />accessory structure Variance as proposed. There was no second, <br />and the motion failed. <br />- 12 -