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<br /> . June Minutes Page 14 06/01/94 <br /> Mr. Carlson asked what would be involved to find out the <br /> correct right-of-way location. <br /> Mr. Fritsinger stated that both the City Attorney and Ramsey <br /> County have indicated that the 33 feet is the correct right- <br /> of-way. However, they could not explain the three (3) foot <br /> discrepancy. A formal request would need to be made along <br /> with a title search. To clarify, the building inspector <br /> stated in a previous case it took several months to get this <br /> information. <br /> Mr. Fritsinger further clarified that the request from the <br /> applicant is only for a three (3) foot side yard variance. <br /> The need for a front yard variance was recommended by staff <br /> based on discussions with the County. <br /> Mr. McGraw asked if both a front and side yard variance were <br /> needed. If the Commission is to assume the right-of-way is <br /> 30 feet, then no front yard variance is needed. <br /> . Mr. Rye stated if the variance is to be recommended to <br /> Council, the information supplied needs to be precise. <br /> Chair Winiecki, further stated her responsibility under the <br /> ordinance is to find a hardship. <br /> Chair Winiecki stated there is nothing the Commission can do <br /> to resolve the street right-of-way issue. The only issues <br /> the Planning commission needs to address is the side yard <br /> variance. <br /> Larry Johnson, of 1357 Floral Drive, is in a favor of the <br /> change in boundary lines. He feels it will be a benefit to <br /> the neighborhood. <br /> McGraw moved, seconded by Carlson, to recommend a three <br /> (3) foot side yard variance be permitted based on the <br /> findings of the home being built in the improper <br /> location from what was stated on the building permit. <br /> The motion passed unanimously. (5-0) <br /> . <br />