CCP 05-29-2001 - Laserfiche WebLink

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ARDEN HILLS CITY COUNCIL— APRIL 30, 2001 5 in order to expand the non-conforming use there needs to be a variance. He reviewed the three traditional factors for a variance. He stated that if the council determines there is a hardship then they could grant the variance. Councilmember Aplikowski stated she is in favor of granting the variance, because it meets the first factors for a hardship. She noted the third factor might be a stretch, but it is a reasonable use of the area. She added she thinks anybody who has a home on the lake should have full use of that amenity. She stated she does not think it is changing the character of neighborhood or impacting the neighbors. She noted she is willing to go the extra mile and grant this variance. Councilmember Grant stated based on the fact they are not increasing the non-conformity he is inclined to grant the variance. Ms. Chaput stated they have allowed overhangs if the structure is not already placed. Councilmember Larson stated he is opposed to granting the variance. He noted he does feel there is a demonstrated hardship. He added he does feel there is a difference when people have a drainage problem or an unusual lot configuration. He stated he does empathize with Mr. Lundin, but do not think the plan that was submitted is the only way to accomplish the same thing. Councilmember Rem stated it seems like a trap what was applied for is what is left before the city council. She noted she believes there are some options. She added she understands the difficulty with the construction season. Councilmember Aplikowski stated she thinks it is reasonable request and still finds it favorable. Mayor Probst stated he has to oppose the request. He noted they are bound to take actions based on the facts of the case and he does not see a hardship. He added he would not rehash the arguments already expressed. Councilmember Larson asked if this is turned down would Mr. Lundin come back with a different plan. Mr. Philips responded it depends on the new plan. He stated if the city adopts the 50 foot setback and Mr. Lundin meets that, then he would only need a building permit. Mayor Probst asked if Mr. Lundin could come back next week. Mr. Filla responded if he changes the application, it would go back to the Planning Commission. He stated if there is no change, Mr. Lundin could not come back for six months. Mayor Probst stated they could table the matter and then he could change the change application. Mr. Filla stated the structure does include the deck. He noted modifications would be all right as long as they do not expand it. Mayor Probst stated he offers a recommendation to consider tabling it. He noted Mr. Lundin could come in tomorrow and verify he can build it as is with the building official. He added by