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. . . ARDEN HILLS CITY COUNCIL - FEBRUARY 22,1999 7 Ms. Randall advised the Planning Commission recommends denial of Planning Case #98-37, 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, based on the "Findings - Front and Side Yard Setback Variance" section of the Staff report dated February 3,1999. Councilmember Rem asked if a map or diagram was available depicting the topography of the site. Ms. Randall stated the topography map was included as the last page of the Planning Case packet. Mr. Tom Delich, 3403 Lake Johanna Boulevard, stated he had considered the Planning Commission's suggestion to remove the existing home. He stated this would cause a great financial difficulty for him as this would require an additional $25,000 to $100,000 be spent on a new home plus the removal of the old home. He indicated that the proposed addition is small request. Mr. Delich noted the applicant in the previous Planning Case had not been asked to tear down his existing home, even though it was nonconforming. He indicated his home is a strong, sound structure and he would prefer to not remove it. Councilmember Malone stated he appreciates the dilemma of the applicant, however, this request causes a dilemma for the City Council as well since the property is so narrow. He agreed that Mr. Wahlberg was not requested to remove his home, however, Mr. Wahlberg was not proposing a major change or addition to the home. Councilmember Malone also noted that Mr. Wahlberg was asked not to build the structure due to Code requirements. Councilmember Malone stated that in this Planning Case the entire home is outside the setback requirements and noted it too may have been built prior to zoning Codes being established. He indicated that the City may not have platted the area and the existing situation had been grandfathered in. The Code allows the existing structure to remain until major changes are proposed. With any major changes, the structure would be required to meet the current setback requirements. Councilmember Malone stated he would be hard pressed to allow the applicant to invest a great deal of money as the City would prefer for a lot of this size be merged with the neighboring lot. He indicated that it would be difficult to grant a variance when doing so would make a bad situation even worse. He stated that he could find no grounds to disagree with the recommendation of the Planning Commission. Councilmember Larson asked if the applicant owns the property or if the purchase was contingent upon the approval of the variance request. Mr. Delich stated he currently owns the property. Coullcilmember Larson stated tbat he concurred with Councilmember Malone in that this would be a significant infringement into the setback along Lake Johanna Boulevard. He stated he had