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ARDEN HILLS CITY COUNCIL—AUGUST 27, 2012 4 Mayor Grant opened the public hearing at 7:15 p.m. There being no comments from the public, Mayor Grant closed the public hearing at 7:16 p.m. MOTION: Councilmember Tamble moved and Mayor Grant seconded a motion for the adoption of Resolution 2012-029: Adoptinsz and Confirming Quarter 2 Special Assessments for Delinquent Utilities. The motion carried unanimously (4-0). 8. NEW BUSINESS A. Planning Case#12-013 —Variance at 1185 Benton Way Community Development Intern Horton stated that an application was received from Ed and Karen Bacig at 1185 Benton Way in the Hunter's Park Development for a variance to allow a 574 square foot addition between their home and garage. The proposed plan includes a breezeway connecting the existing garage as well as a built area over the existing deck. He noted that this proposal is significantly similar to a previous variance request that was made by the property owners, and approved by the City Council in 2007, but was never built. At the time, a one-year extension was given and that extension has since expired. Community Development Intern Horton indicated that three variances are needed to complete this project. The zoning requirements include: 1) a side-yard setback minimum of five feet with a combined minimum of 15 feet on both sides is required, but the proposed plan results in combined setback of 10 feet; 2) the structural lot coverage is required by Code to not exceed 25 percent; however, the proposed addition would result in 27 percent lot coverage by structure; and 3) the landscaped lot area is required to be a minimum of 65 percent, and the proposed addition would only leave a landscaped lot area of 61 percent. Community Development Intern Horton noted that a new law passed legislation in 2011 that changed the review criteria cities must use when evaluating variance requests. He also noted that the Planning Commission unanimously passed this request when it was presented at their August 8, 2012, meeting. Councilmember Tamble inquired what constitutes the side yard setback because it looks like it was a front-rear issue. Community Development Intern Horton stated that the front yard is where the driveway comes in and the side yard is the north and south sides of the property. Mayor Grant inquired about the review criteria that was outlined and how it has changed from previous criteria. Community Development Intern Horton explained that the criteria have not changed, but rather the language changed from the term `undue hardship' to `practical difficulties'. Councilmember Holden inquired how the list of four conditions was established.