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Options and Motion Language The Planning Commission reviewed this application at their September 6, 2023, meeting. At that time, they recommended approval with conditions of Planning Case 23-016 to decrease the required front yard setback from 40 feet to 39.2 feet and to decrease the required side yard setback for a corner lot from 40 feet to 5.8 feet at 1945 Edgewater Avenue by a 5-0 vote. The following are motion language options for the City Council to consider. • Approval with Conditions: Motion to a opt Resolution 2023-049, approving Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, based on the findings of fact and the submitted plans in the September 25, 2023, Report to the City Council, as amended by the conditions below: 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. • Approval as Submitted: Motion to adopt Resolution 2023-049, approving Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, based on the findings of fact and the submitted plans in the September 25, 2023, Report to the City Council. Denial: Motion to deny Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, 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 23-016 for a Variance at 1945 Edgewater Avenue: 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 September 13, 2023. A public hearing notice for this planning case was published in the Pioneer Press on September 14, 2023. 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. Staff has received one written comment in support of this proposal as of September 20, 2023. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on August 21, 2023. Pursuant to Minnesota State Statute, the City must act on this request by October 20, 2023 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. Page 8 of 9