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e e e ARDEN HILLS CITY COUNCIL - February 27, 2006 4 Mr. Lehnhoff stated he spoke with the City Attorney regarding Mr. Findell's application. The City Attorney concurred with Staff and the Planning Commission that the variance did not meet the legal criteria for a hardship. Howevcr, the City Attorney did indicate that it would be difficult to make findings that the minor subdivision was not consistent with the character of the neighborhood if the dwelling were in a conforming location, especially since the subdivision does meet or exceed all of the requirements of the R-l Zone. He indicated a letter was received from Mark Bohnenstingel and Patricia Murphy, 1394 Skiles Lane, of which each Councilmember received a copy. Mr. Lehnhoff stated he spoke with the City Attorney regarding Mr. Findell's application. The City Attorney concurred with Staff and the Plarrning Commission that the variance did not meet the legal criteria for a hardship. However, the City Attorney did indicate that it would be difficult to make findings that the minor subdivision was not consistent with the character of the neighborhood if the dwelling were in a conforming location, especially since the subdivision does meet or exceed all of the requirements ofthe R-l Zone Gary Findell, 1742 Hartford Avenne, St. Paul, summarized his proposal for Council. He indicated since the Planning COnmlission meeting, they have spoken with the neighbors regarding their plans. He noted the neighbors wanted to save as many trees as possible. He stated if the trees were removed, it would decrease the property value, which he believed would be a hardship. He stated they were willing to agree to replace trees that would need to be taken out and to replace trees that might die as a result of construction. He indicated they would work with the neighbors as much as they could, but this was private property. Councilmember Holden inquired on Lot 14 were there any mature oak trees. Mr. Findell responded the trees shown were pine trees. He stated their intent was to live in the newly constructed home. Councilmember Larson asked what information was being brought forward now that the Plal111ing Commission did not have at their meeting. Mr. Findell replied they now had a graphic illustration that showed the lots would be consistent in size with the remainder of the area; as well as a number of aerials. Mr. Lehnhoff noted the COnmlission was aware of the possible moving of the existing house, but the Commission did not have the level of detail the Council has. Councilmember Larson stated in reading through the materials, he agreed with the City Attorney that it would be difficult to find a hardship to allow a variance based on saving trees alone. He did think they should allow the minor subdivision, and deny the variance, He did not believe trees were a reason to allow a variance and did not believe this had ever been done in the past.