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Regular City Council Meeting <br />June 5, 2003 <br />Page 16 <br />was granted by the City CounciL Mr. Clem said the reason you are seeing so <br />much building out in the county isbecause sometimes the city makes it so very <br />difficult to do something within the city. He said if there is a subdivision that <br />you are developing, an entire complex, and you want this to meet the standards <br />of all of the major subdivisions in this town, you have to curb and gutter, but <br />when you have a small tract like this out there, he did not know why the city <br />would not grant a variance. He did want the City Council to know back in 1998 <br />there was a variance granted. <br />City Attorney Schenk advised that the variance was approved following <br />approval by the Planning and Zoning Commission. He said the problem here <br />is that the Planning and Zoning Commission has voted to deny the variance and <br />a three-quarter vote does not apply for a variance. <br />Mr. Clem said he thought something should be done because this practice takes <br />the right to make a decision away from the City Council. He found it very <br />difficult to see why this commission, which is appointed by the City Council, <br />should have the final say. If that is the case, he thought that some kind of action <br />should be taken to make that commission responsible to the City Council. He <br />said that you can have one person on the Planning & Zoning Commission who <br />can manipulate all of the variance matters. If that is the case the city has a <br />serious problem. <br />Councilman Guest questioned why the size of the lot would make any <br />difference with respect to the drainage and the flow of water. He said that you <br />can get an automatic variance or exception if you have an acre and one-half, but <br />a person has to go through this convoluted process to get a variance on a <br />three-quarter acre lot. Councilman Guest questioned as to what is done with <br />money paid in when no variance is given and the curb and gutter is not built at <br />that time. He said that he understood that the money went to the General Fund. <br />If no improvements were ever built, what would happen to the funds paid in? <br />