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ARDEN HILLS CITY COUNCIL - OCTOBER 25, 1999 12 . setback would be significant She added that, since the house had been built long before Hazelnut Park, the lot line takes precedence and she felt that the garage was acceptable where it currently is. Mayor Probst confirmed that the applicant would not be required to move the structure if they intended to only repair it Ms, Randall stated that the applicant would only be required to secure a building permit MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve Planning Case #99-18, Corner Side Yard Setback Variance (13 feet proposed, when 40 feet is required) for a detached garage, based on the "Findings - Corner Side Yard Setback Variance (detached garage)" section ofthe staff report dated October 25,1999, conditioned on the dimensions of the new garage being the same or smaller than the existing garage being replaced. The motion carried unanimously (4-0). 3. Case #99-19, Daniel Taylor, 1605 Lake Johanna Bonlevard, Variance Ms. Randall explained that the applicant was requesting approval of a front yard setback variance (15 feet proposed, when 40 feet is required). The applicant was proposing to relocate the single family home on 1605 Lake Johanna Boulevard to 1609 Lake Johanna Boulevard and construct a new single family home on 1605 Lake Johanna Boulevard. Both would require front yard . setback variances, There are four homes along Lake Johanna Boulevard that access off a private Ramsey County easement The applicant owns the first two homes. In 1987, the City Attorney determined that the access easement is not a public easement dedicated to the City. It is a legally established easement in favor of and for the benefit of the adjacent property owners, including the applicant, It is reasonably safe to assume that no standard public street will ever be constructed on the easement The two homes to the north of these properties currently have variances to build with 20 foot and 25 foot setbacks. However, these lots are larger than the lots owned by the applicant. The proposed setbacks would fall in line with the setbacks ofthe properties to the north. The applicant currently has a 28 by 72 foot single-family home located at 1605 Lake Johanna Boulevard and a small cabin at 1609 Lake Johanna Boulevard. He would like to demolish the cabin at 1609 Lake Johanna Boulevard and relocate his current home at 1605 Lake Johanna Boulevard to 1609 Lake Johanna Boulevard. The home at 1609 Lake Johanna Boulevard has access from a 30-foot wide private easement The home at 1605 Lake Johanna Boulevard has access from the 30-foot wide private easement and Lake Johanna Boulevard. The properties are unique and staff had to determine which side would be considered the front. The Zoning Code states that the shorter of the two sides on a corner lot is the front yard; . however, the easement is not a public street. Staff did, however, determine that the other three houses on the private easement would call the easement facing side the front, thus the corner lot could do the same, Both the front and corner sides require a 40-foot setback, and the rear a 30-