12-07-22 PC Agenda Packet - Laserfiche WebLink

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Page 9 of 10 9. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 22- 022 for a Variance at 1861 Highway 96 W., based on the findings of fact and the submitted plans, as amended by the conditions in the December 7, 2022 Report to the Planning Commission. • Recommend Denial: Motion to recommend denial Planning Case 22-022 for a Variance at 1861 Highway 96 W., 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 22-022 for a Variance at 1861 Highway 96 W.: 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 November 21, 2022. A public meeting notice for this planning case was published in the Pioneer Press on November 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 The City has not received any public comments regarding this planning case as of November 30, 2022. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on November 1, 2022. Pursuant to Minnesota State Statutes Section 15.99, the City must act on this request by December 30, 2022 (60 days). Based on the land use application submission date, the meeting schedule for the Planning Commission and subsequent City Council in January of 2023 will result in the City’s inability to process this planning case within the 60-day period. This is due to the cancellation of the City Council’s second regular meeting of the month in December. Therefore, it was necessary to extend the review period from 60 days to 120 days so that this planning case may be heard by the City Council. The City notified the Applicants of this requirement and received email confirmation of the Applicants extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). The time period is extended until February 28, 2023 (120 days). Attachments A. Land Use Application B. Location Map