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ARDEN HILLS CITY COUNCIL - MARCH 13,2000 9 . reduced or rclocated to either side of the home without needing a variance, however, the proposed room addition would not be allowed and the deck would be very small. The current homeowner was not the original homeowner of this property. There are no remarks on the original building permit indicating that the builder was told that a deck would not be allowed from the three patio doors. Other properties in the immediate area have decks in the rear of the home, however, variances were not needed. It does not appear that the neighbors would be impactcd by this addition due to the large lot size and no neighbor to the rear of the property. Ms. Randall advised that the Planning Commission recommends approval of Planning Case #00- 15, rcar yard variance for an addition of deck based on the "Findings - Rear Yard Setback Variance" section ofthe staffreport dated March 1,2000, and with the following condition: 1. If the structure were damaged in excess of the building code threshold for damage, the variance would no longer be valid. Ms. Toni Halverson stated she and her husband purchased the property with 3 sliding glass patio doors, which lead to nowhere, and they wish to be able to use them. Councilmember Grant moved, secondcd by Councilmember Aplikowski to approve Planning Case #00-15, rear yard variance (23 feet 6 inches where 30 feet is required) for an addition of deck based on the "Findings - Rear Yard Setback Variance" section of the staff report dated March I, 2000, and with the following condition: . 1. If the structure were damaged in excess of the building code threshold for damage, the variance would no longer be valid. The motion carried unanimously (5-0). Councilmember Larson asked whether the structure damage condition could be included in the City code as a standard part of all variance requests. Ms. Randall agreed that the condition could be included in all variances. 5. Josephine East Development, Road Request City Administrator Lynch statcd the Lake Josephine East developers had expressed an interest in expcditing an agreement with residents affected by the road easement and construction plans for this development. He added that the developers, Mr. Evcrtz and Mr. Rekuski, were given a 24- month time period in which to negotiate with Ms. Dee Rushenberg, 3168 Shoreline Lane, and Mr. and Mrs. Wesslund, 3167 Shoreline Lane, for acquisition ofthcir property to the City of Arden Hills for the extension of Shoreline Lane. . Mr. Lynch stated the developers have indicated they have been unable to reach a resolution with the residents in question and requested assistance from the City with regard to condemnation procedures. He added the developers felt the neighbors were deliberately dragging their feet. He noted the residents have 12 months to arrive at an agreement v.;th the developer, adding this does not appear to be likely.