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MINUTES OF THE REGULAR CCOW-111, MEETING OF SEPTEMBE:P. 10, 1984. PAGE 11 <br />zoning corle has to be maintained somewhere along the <br />1820 LONIE FISK line and people do move into a community because of the <br />atmosphere that the community presents to them on <br />visual sighting. Butler stated that the residonts <br />rely -i the Counci 1 to uphold the zoning code. Butler <br />state. that staff should find out precisely why the lot <br />is too small and to come bac?- and give all the rationale <br />she will need to show before the Judge and say "y,)ur <br />honor it (the lot) is too small". <br />Malkerson stated that he assumes tt,at in that <br />direction, if staff comes bark and says that staff <br />believes that as a matter of law and facts, and staff's <br />recommendation is that it i s a bui ldable lot then staf f <br />is able to bring that recommendation back to Council? <br />Mayor Butler stated it is but that isn't what she: wants <br />to hear. <br />Councilmember Adams moved, Councilmember Hammerel <br />seconded, to table the Fisk appl i cat, i un until October <br />29, 1984, in order to provide adequate time for the <br />neighbors to look into the questions discussed. <br />Adams stated that the neighbors should have the burden <br />of presenting to the Council arguements relating to <br />the health, safety and welfare of the community. <br />Motion, Ayes (4), Nays (1). <br />Councilmember Grabek voted nay. <br />City Attorney Malkerson set deadline dates for <br />submittals. Malkerscn set October 17, 1984 for any <br />additional information to be submitted to the City. <br />Malkerson set October 22, 1984 for any response to <br />those Fubmittals. <br />City Attorney Malkerson :suggested that the neighbors <br />obtain legal advice to come upwit.h f indings that would <br />rind adverse effects on the public health, safety, or <br />welfare if the City approves the variance. Malkerson <br />suggested the neighbors seek any expert testimonies <br />such as traffic engineers, appraisers, etc, to give <br />findings to the Council on how this variance would have <br />adverse effects on the traffic or dimunition in <br />property values. <br />