CALLED TO ORDER: 5:30 pm

PRESENT: Amy Zott, Bill Goulding, Ron Patla and Edna Miller.
Absent: Bill Fell and Dan Snyder
Excused: None.

MOTION: The minutes of November 21, 2006 were approved on a motion by Edna Miller, seconded by Ron Patla.

CITIZEN COMMENTS: None

APPEAL: By Tennille Goodhue, regarding the property located at 224 Schemmer Street for a variance from Section 315-51 A of the zoning ordinance, which states that residential fences are permitted on the property lines but shall not in any case exceed a height of six feet.

Appearing in favor of the variance request was Tennille Goodhue 224 Schemmer Street, Pat Ehlen 216 Schemmer Street, Judy Correll 539 Hwy DD and Kevin McKillip 565 Milwaukee Ave. No one appeared opposed to the variance request. The City, in the presence of Zoning Administrator Pat Scherrer, was opposed to granting the variance.

DISCUSSION: It was noted that Exceptional circumstances existed in that the property was adjacent to a parking-lot that had been raised for drainage purposes four(4) feet, therefore the proposed fence of eight (8) feet high would extend four (4) feet above the grade of said parking-lot. No one appeared opposed to the granting of a variance and Pat Ehlen, a close neighbor and her daughter Judy Correll, along with Kevin Mckillip (the parking-lot owner) appeared in favor of granting the variance which implies a preservation of property rights. Further, a zoning ordinance was brought into question as it was pointed out that Section 315-48D (3) required a fence of six (6) feet high as part of the buffer yard requirements.

RULING: As the removal of an existing wall, the raising of the parking lot grade and the waving of a zoning ordinance was not created by the property owner, and as the spirit of the ordinances would be observed and justice done if compliance was not required, on a motion by Bill Goulding, seconded by Ron Patla, the motion in favor of granting the variance was approved unanimously.

OTHER MATTERS: None.

ADJOURNMENT: On a motion by Ron Patla, seconded by Edna Miller, the meeting was adjourned at 5:55 pm on Tuesday January 16, 2007.