05-04-22 PC Agenda Packet - Laserfiche WebLink

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Page 8 of 9 14. The proposed addition will not reduce the existing side yard setbacks. The addition will not require a rear yard setback variance. The nearest dwelling unit to the south of the Subject Property is approximately 18 feet away. 15. The increase in lot coverage and the decrease in landscaped area are unlikely to have a negative impact on the Hunter’s Park Development, due to the abundance of shared greenspace throughout the development. There is a total of seven acres of Homeowners Association common greenspace throughout the neighborhood. 16. The variance request is not based on economic considerations alone. 17. The Applicants have received approval from the Hunter’s Park Architectural and Environmental Committee for the proposed addition. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 22-004 for a Variance at 1152 Benton Way, based on the findings of fact and the submitted plans, as amended by the conditions in the May 4, 2022, Report to the Planning Commission: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 22- 004 for a Variance at 1152 Benton Way, based on the findings of fact and the submitted materials in the May 4, 2022 Report to the Planning Commission. • Recommend Denial: Motion to recommend denial Planning Case 22-004 for a Variance at 1152 Benton Way, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 22-004 for a Variance at 1152 Benton Way: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on April 22, 2022. A public hearing notice for this planning case was published in the Pioneer Press on April 22, 2022. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Public Comments