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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 20 (5. #10-3467 STEVEN SCHUSSLER AND SUNHI RYAN, 1935 CONCORDIA STREET, Continued) Staff finds that the applicant has a reasonable use of the property and the hardcover proposed is not supported by a hardship. Further, the applicant has not demonstrated that enforcing the hardcover provisions of the Zoning Ordinance deprive the applicant of the reasonable use of their property. Staff recommends denial of the variance. Bremer asked if it had not been for the recent Supreme Court ruling, whether Staff would have recommended approval of this application. Curtis indicated Staff would have recommended some level of hardcover variance. Bremer stated the recent Supreme Court ruling has changed how cities can deal with variances. Bremer noted the case before the Supreme Court involved a person who already had a garage and were requesting permission to add a second story on to the garage. This property owner does not currently have a garage. Steven Schussler indicated the previous garage was torn down by a previous owner due to its deteriorated condition. The previous property owner had received approval to construct the garage but it was never constructed due to financial reasons. Bremer asked whether it was a detached garage that was originally approved. Schussler indicated it was. Schussler indicated the house is homesteaded. Sunhi Ryan is a co-owner of the property and is currently a real estate agent. Sunhi was attacked a couple of months ago in downtown Minneapolis. The Supreme Court ruling talked about hardship cases. Schussler stated in his opinion this is a hardship case given the additional security an attached garage will provide. They are willing to drop their other plans for improving the property until the Supreme Court ruling is changed. Schussler stated having a home in Minnesota without a garage that was approved years prior would also be a hardship. They would like to live in the great City of Orono but that it is literally impossible to be able to use your property without a garage. The garage would also provide storage space. They are requesting a two-car garage and are willing to forego a patio and a porch in order to obtain the safety that they are seeking. The Planning Commission voted 2-3 on this application but that in his view there is a fear that the Supreme Court ruling would come down upon the City Council if their application was approved. Schussler indicated he has lived in Minnesota for over 27 years and has seen Planning Commissions overruled many, many times. Schussler requested the City Council look at their individual situation. Schussler stated the book, The Speed of Trust, contains a statement by Henry Ford which states the following: “If there is any great secret of success in life, it lives in the ability to put yourself in the other person’s place and to see things from his point of view as well as your own.” Schussler stated he would ask the City Council to put themselves in their position. All they are requesting is a safe place to park their vehicles and access their house. If they r educe the size of the garage, it would result in a one-car garage and they would also need to downsize the size of their car. Schussler stated in his view the reasonableness of the request should also play a part in the Council’s decision. Item #02 - CC Agenda - 10/25/2010 Approval of Council Minutes 10/11/2010 [Page 6 of 20]