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ARDEN HILLS CITY COUNCIL – MAY 24, 2021 20 1. City Staff received a land use application for a variance request to decrease the minimum side yard setback on a single family dwelling at the Subject Property 4073 Valentine Court. 2. A single-family detached dwelling is a permitted use in the R-1 district. 3. The Subject Property is non-conforming with the R-1 district’s standards for minimum side yard setbacks on a corner lot. 4. The proposed garage addition would be located 7.82 feet from the Northwest side yard property line. 5. The proposed garage addition of the subject parcel would conform to all other requirements and standards of the R-1 district. 6. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. 7. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Planning Consultant Kansier explained the Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval with conditions of Planning Case 21-006 for a side yard setback variance at 4073 Valentine Court by a 4-0 vote. Planning Consultant Kansier reviewed the options available to the City Council on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Councilmember Holden asked if the red pine trees had been removed. Planning Consultant Kansier explained the red pines were located within the right of way and were not on the applicant’s property. Robert Kunze, 4037 Valentine Avenue, stated when he first began working with Mike Mrosla, he was told a new tree survey was not required. For this reason, the trees on the plan were inaccurate. He noted the red pines have been removed because the lower branches died. Councilmember Holden questioned how the red pines were removed. Mr. Kunze indicated he hired a contractor to remove the trees. Councilmember Holden noted for the record that Mr. Kunze removed the red pines that were located in the City right of way. She then questioned what new screening material was planted. Mr. Kunze reported he planted the new screening material prior to removing the red pines. Councilmember Holden stated she could not support this request. She indicated the garage could be pushed back 10 feet and there would be ample room. She did not understand why the City right of way was being used for screening and space for the garage.