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ARDEN HILLS CITY COUNCIL - OCTOBER n 1997 3 . Councilmember Malone inquired which phases of devclopment arc covered under the special assessments. Mr. Kevin Ringwald, COll1ll1unity Development Dircctor, stated Phases II - IV. Councilmember Malone requested clarification that the worse-case scenario for the City would be to take the property in tax default. Mr. Post stated that was correct, assuming that the special assessments were not paid and the property went tax forfeiture. MOTION: Keirn moved and Aplikowski seconded a motion to adopt Resolution #97-48, Providing for the Sale of $3,050,000 General Obligation Tax Increment Bonds, Series 1997 A. The motion carried unanimously (4-0). B. Planning Cases 2. Casc #97-20, Katherine & Todd Conley, 3777 New Brighton Road, Variance Mr. Ringwald stated the applicant is requesting approval of a variance for a side yard setback (5 feet proposed, when 10 feet is required) for a detached garage. The Planning Commission, at its October 1, 1997 meeting, recommended approval for a 5-foot side yard setback based on the relationship of the shared driveway with the property to the south and the steep topography of the property to the rear which precludes an alternate design. Mr. Ringwald showed an overhcad of the proposed addition, and explained the particular . topography of this property. He stated the garage will be constructed in the same spot as the existing garage, but the new garage will be larger; the new size will be the maximum size allowed for a detached garage. He stated there is no other location on this property where it would be conceivable to build a garage. MOTION: Malone moved and Aplikowski seconded a motion to approve Planning Case #97- 20, Katherine and Todd Conley, 3777 New Brighton Road, for a 5-foot side yard setback, based on the understanding this reflects the existing situation with the garage, orientation is to the back of the property, the unusual topography and shape of the property and the shared driveway which makes no other location for the garage feasible, and with the condition that the extension will be toward the rear of the property. The motion carried unanimously (4,0). 3. Case #97-21, Benjamin Sharpe, 1124 Benton Way, Variance Mr. Ringwald stated the applicant is requesting approval of a variance for a house addition. The applicant wishes to construct an enclosed three season porch on the west side ofthe home, and a 9 x 18 foot sunroom off the south side of the home, which would abut each other on the southwest corner. The applicant's home is within the Hunter's Park PUD and a similar variance case was approved previously. One of the issues the council dealt with in that variance was maintaining some distance between buildings on separate properties and deferring some . judgment to the townhouse association for what they would find acceptable, Mr. Ringwald advised that the Planning Commission recommended approval of Planning Case #97-21 at its October 1, 1997 meeting subject to compliance with the plans and specifications and staff letter. Mr. Ringwald stated the Townhome Association in this development has also approved the applicant's request.