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<br />I <br /> -("'''',':~ J.\ ;~...;-.. <br /> , .I(~,~, <br /> , .J,__ ,.";' ,I <br />I. s..-:; J II J ;a <br /> Plannin2: Commission Minutes Pa2:e 10 2/01/95 <br />I <br /> Mr. Fritsinger noted Arden Hills has numerous nonconforming lots and buildings around its <br />I lakes. It is highly unlikely that the City plans on redeveloping these lakeshore areas with the <br /> intention of making all homes conform to the lakeshore setback regulations. <br />I Mr. Fritsinger indicated Staff recommends that the Planning Commission table the request and <br /> direct Staff to review the Zoning Ordinance for potential amendments which adequately address <br />I the property abutting lakes. <br /> Mr. Fritsinger stated in reviewing this request, Staff has made its recommendations based on the <br />, technical interpretation of the Zoning Ordinance. However, if the nonconforming use portion <br /> of this ordinance had not applied, Staff would recommend approval of the Front Yard and <br /> Lakeshore setback variances. <br />I Piotrowski indicated as a participant in writing the Zoning Ordinance, the intent of the <br /> commiuee was not to single out residential home owners under the nonconforming use section <br />I of the ordinance, but was in regards to commercially owned properties. <br />,- Carlson indicated although he would not like to set a precedent, he would encourage an approval <br /> of the variances and review the nonconforming use at a later date, so the McGuires could move <br /> forward with rebuilding. <br />I Chair Erickson inquired as to the variance approval for the deck. Mr. Fritsinger indicated <br /> reviewing the minutes from that case in 1980, the variance was granted due to the drop in the <br />I land, no visual impact to neighbors and the inability to view the lake from the home. <br /> Chair Erickson inquired as to the variance granted in 1980 regarding the deck. Mr. Fritsinger <br />I indicated a 40 foot Iakeshore setback was granted. <br /> Nelson inquired as to the size of the deck. Mr. Warren McGuire, the applicant, indicated he <br />I believed the deck to be approximately 10 feet in width. Nelson indicated if the deck is actually <br /> 10 feet in width it would be encroaching by three feet onto the variance requirement. <br />I Carlson indicated concern that the debates of the City would prolong the anguish of the <br /> McGuires. He encouraged approval of the variances and find appropriate wording for <br /> nonconforming use at a later date. <br />I Nelson indicated if the deck encroaches by three feet, either the deck should be adjusted when <br /> reattached to the rebuilt home or the variance should be adjusted to reflect the difference. <br />I Tim Mogdck, Engineer\Contractor for the applicant, assured the Commission the deck will be <br />I - reset to comply with the 40 foot setback. <br />I <br />