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Commissioner Anderson clarified that the issue is that the shed is sitting directly at the property <br />line. He asked if the shed would be acceptable if it were moved six feet from the property line. <br />Senior Planner McGuire Brigl commented that the shed would still be located in the drainage and <br />utility easement but moving the shed six feet would solve the issue of the setback. She stated that <br />if the Commission approved the variance for the setback, the applicant would still need to receive <br />approval of an encroachment agreement from the Council and engineering, and would also need <br />to obtain a zoning permit. <br />Chairperson Bauer clarified that if the Commission approved the variance request, the Council <br />would still need to review the encroachment agreement request. <br />Commissioner Walker asked if there were any negative comments from those that were provided <br />notice. <br />Senior Planner McGuire Brigl replied that there were no comments received from the public. <br />Commissioner Anderson asked if the shed were moved 10 feet to the west, would that be <br />acceptable to the applicant. <br />Mr. Cuevas replied that area has large mature plants and landscaping that would need to be <br />removed. <br />Commissioner Anderson stated that the issue he would have is that the shed is sitting on an <br />easement. <br />Motion by Commissioner VanScoy, seconded by Commissioner Anderson, to close the public <br />hearing. <br />Motion Carried. Voting Yes: Chairperson Bauer, Commissioners VanScoy, Anderson, Dunaway, <br />Peters, and Walker. Voting No: None. Absent: Commissioner Gengler. <br />Chairperson Bauer closed the public hearing closed at 7:38 p.m. <br />Commission Business <br />Commissioner Anderson asked when the Council would be schedule to review this item. <br />Senior Planner McGuire Brigl commented that this is not yet scheduled to move to the City Council <br />as staff was awaiting the decision of the Commission. <br />Chairperson Bauer asked if there would be reason for the applicant to request the encroachment if <br />the setback is denied. <br />Senior Planner McGuire Brigl confirmed that to be true but it was noted that the applicant could <br />appeal the decision of the Commission. <br />Planning Commission/ July 22, 2021 <br />Page 6 of 22 <br />