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City Attorney Schricker advised Findings would be prepared and submitted to Council at a future Council meeting. MEMO 7/12/94 ---------------------------------------------------------------------------------------------------------------- MAYOR BUCHAN DECLARED A RECESS AT 10:14 P.M. MEETING RECONVENED AT 10:20 P.M. ---------------------------------------------------------------------------------------------------------------- B. Appeal of the approval of a variance at 815 Canyon Road - Umberto Bagnarol appellant. (203-10) Affidavits of publication and mailing of notice of public hearing are on file in the City Clerk Department 1) Planning Commission report, July 11, 1994 Zoning AdministratorlPlanning Director Patterson presented the staff report and described the grounds for appeal: approval ofthe variance will result in a decrease of the Bagnarol's property values, privacy and quality of life. Director Patterson provided the background regarding the applicant's application to change two existing bedroom windows into two french doors, which did not require a variance and are therefore not subject to appeal. However, the nonconforming deck (higher in one area than the 12 inches allowed and encroachment into the side setback) was reconstructed without a Building Permit, which was required. A variance was sought by Eva Kolesnikow, owner of the property, for the deck and a handicap ramp within required side yard setbacks, which was to be used as an emergency access. Director Patterson described the conditions for the variance including Eva Ko1esnikow paying for the addition of one foot to the fence separating her property from the Bagnarol's, stating the issue was the ramp, and the loss of the Bagnarol's privacy due to the use of the ramp by residents and their visitors. Director Patterson stated that the property at 815 Canyon Road had been a residential care facility for 14 years, and Eva Kolesnikow and her sister had owned and operated it for the last 7 years. There are six elderly residents and the people who care for them, and the ramp was being built to allow emergency access. In response to Council questions, Director Patterson advised that the City's goal was to provide access for disabled residents and privacy for neighbors. 2) Mayor Buchan opened the public hearing at 10:28 P.M. 3) Mayor Buchan called on the appellants and others who wished to speak to this issue. Frank Bagnarol, 305 Hill Way, spoke for his father, Umberto Bagnarol, appellant, and described how his family has had no problem with the residential care facility for Regular Meeting Minutes July 11, 1994 MINUTE BOOK NO. 52 Page 8 Page No. 313 --.-- ,------ -- """'---'-'--