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PUBLIC HEARINO APPEAL NO. 228 - VA 69-86 MORGAN (continued) The Mayor opened the public hearing. Speaking in: favor of the appeal were Robert Harr, 2370 North Flower and Mrs. Mary Henry, 9Z1 South Lyon; Mr. Harr stated that there would be a hardship involved; that there would be reciprocal problems on both sides unless there were a setback for the apartment complex from the property line; and Mrs. Henry stated that she had been invited by Mr. Smith, Mr. Morgan's representative, to attend the meeting with City staff, but that she had declined because there had been no basis for agreement between them. Speaking in opposition to the appeal was Marjorie Mize LeGaye, attorney representing Marshall Morgan, who displayed plot plans the applicant for the Variance had prepared explaining that Mr. Morgan proposed to extend the carports the full length of the dog kennels with a covered top and that there would be an 8-foot concrete block wall the entire length of the property, stating this would physically separate the properties and eliminate the problems of sight which would also reduce the problems of noise. Marshall Morgan, applicant for the Variance, also spoke in opposition to the appeal, explain- ing how the line of sight would be reduced. Robert Hart suggested that both parties concerned be allowed to discuss the problem before Council took action to see if they could resolve their differences. Mrs. Fredda Sortray spoke, objecting to the granting of the Variance. The hearing was closed. RECESS At 9:05 P.M., a five minute recess was declared for the purpose of allow- ing the principals involved a discussion to see if they could reach a compatible solution. The Council reconvened at 9:15 P.M., with ali Council members present. APPEAL NO. 228 (continued) Mayor Griset stated that Mrs. LeGaye had informed him that the principals had not been able to arrive at a solution. It was moved by Councilman Markel, seconded by Councilman Patterson, to uphold the action of the Planning Commission, deny the appeal, and instruct the City Attorney to prepare a resolution granting Variance 69-86 subject to conditions in Finding of Fact dated November 24, 1969 and subject to the plot plan as presented at the February 2, 1970 Council meeting, with the block wall to be 8 feet high and solid to the roof from the carports. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None CITY COUNCIL -35- February 2, 1970