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bedrooms at all). After the need is determined, then <br />they must determine whether that need can be <br />accomplished without a variance. He stated that, in <br />this case, he felt the need can be accomplished without <br />a variance by changing the existing second story to a <br />shed roofline which could accommodate 3 bedrooms and a <br />bath. <br />Mr. McKinnon noted that the City of deephaven is <br />currently denying variances even if there is no <br />opposition from neighbors because their City Attorney <br />has advised them they do not have the legal authority to <br />grant variances unless they find an "undue hardship". <br />He advised the Council to look at its legal requirements <br />and get an opinion from their City attorney before <br />consideration of balance of equities. <br />Mr. McKinnon noted that the proposed audition takes away <br />all of the Rudd's open space. <br />Counc- member Callahan asked if the applicant's are not <br />against the garage addition and if not, how high can a <br />garage be under the code. <br />Zoning Administrator !,iabusth stated that code height <br />restrictions on a garage is 30'. <br />Mr. McKinnon stated that the Rudd's are not against a <br />variance for the garage, however he felt that if a <br />variance should be granted for a garage it should be for <br />a normal garage height to maintain the intention of the <br />code. <br />Acting Mayor Adams stated that he felt the drafted <br />Resolution was a little soft on tte hardship <br />documentation. <br />City Administrator Bernhardson stated that staf:` has not <br />revised the resolution since the last meetinc: because <br />they were expecting the applicants and their attorney to <br />come forward with mole facts and hardships. <br />City Attorney Thompson stated that she would like the <br />opportunity to review the issues before commenting. <br />Councilmembez Grabek stated that he is in favor of <br />tabling the matter until they get a legal opinion. <br />The Scha 1 1's stated that they have decided to try and <br />resolve this matter on their own as citizens of Orono <br />without having to hire an attorney. <br />Acting Mayor Adams asked that all Councilmembers visit <br />the site before the next meeting. <br />3 <br />