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ARDEN HILLS CITY COUNCIL - FEBRUARY 22 1999 , 6 . the City is often faced with situations where the Zoning Ordinance must be changed. When this occurs, the existing structures are allowed to remain as is. When the existing structures are replaced, they must meet the new Zoning Ordinance requirements. He noted that Mr. Wahlberg was correct in that he could have simply replaced the rotting boards and continued to utilize the carport. Mr. Ringwald stated that nonconforming uses are allowed routine maintenance. Any additional changes would require compliance with the Code. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to deny Planning Case #98-30, Corner Side Yard Setback Variance (19 feet 9 inches proposed, when 40 feet is required) for an attached garage (storage space), based on the "Findings - Corner Side Yard Setback Variance (garage)" section of the Staff report dated February 3,1999. The motion carried (3-2, Councilmembers Aplikowski and Rem opposed). 2. Planning Case #98-37, Thomas Delich, 3403 Lake Johanna Boulevard, Variance, Front and Side Yard Setbacks . Due to conflict of interest concerns, Mayor Probst did not participate in the discussion of this Planning Case. Councilmember Aplikowski filled in as Acting Mayor. Ms. Randall explained that the applicant is requesting approval of a side yard setback variance (five feet one inch proposed, when 10 feet is required) and a front yard setback variance (30 feet proposed, when 40 feet is required) for a house addition on a single family lot zoned R-2. The applicant currently has an 18 by 20-foot, two level (720 square feet) home with one bedroom, bathroom, kitchen and living room. The existing home is set very close to the Lake Johanna Boulevard right-of-way. In fact, the entire existing house is located within the required front yard setback. The deck on the front of the home is four feet from the Lake Johanna Boulevard right-of-way line and the house is ten feet from the right-of-way line, when 40 feet is required. The house is approximately five feet from both side yards when 10 feet is required on one of the side yards. The proposed house at 1,440 square feet is a reasonably sized home for the neighborhood in which it is located and modest for the community it is located in. However, the basic question in this request is not whether the home is reasonably sized, but given the extent to which the home is being modified, should the entire house be made to meet the current setback requirements. . The applicant has considered the Planning Commission comments pertaining to demolishing the existing home and building behind the 40-foot setback, thus eliminating the need for the front yard setback. The applicant staked the approximate location of a home behind the 40-foot setback. The applicant has submitted letters from himself, as well as his builder, expressing concerns with removing the existing home and building behind the 40-foot setback.