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<br />. <br /> <br />. <br /> <br />. <br /> <br />ARDEN HILLS CITY COUNCIL - FEBRUARY 23. 1998 <br /> <br />9 <br /> <br />for the garage since there is no alternate location. However, this is not the case with the living <br />space since there is an alternate location. <br /> <br />Mr. Bruning stated the garage could be located on the other side of the house, but it would not <br />be an atypical design. He suggested that the option being requested creates a more desirable <br />option for the applicant and the neighbors. <br /> <br />Councilmember Malone restated the need to find a hardship before a variance can be <br />considered. <br /> <br />Mr. Bruning asserted a hardship exists since this is a narrow lot. Also, this house existed <br />before the neighboring homes which were constructed in such a way as to infringe on the <br />applicant's property. <br /> <br />Mayor Probst stated he understands that Councilmember Malone is correct in the need to <br />identify a hardship to consider a variance. Mayor Probst stated there clearly is precedent set <br />regarding a two-stall garage. However, in terms of the addition to the house, technically there <br />is no hardship since it could be located in another area. However, in terms of the logic of how <br />the house will be used and square footage, the applicant's request is the most logical proposal. <br />He noted that an addition on the other corner does not result in a better proposal. Mayor <br />Probst agreed this is not an easy decision. He stated he would support the house addition <br />hardship based on the existing layout, encroachment of abutting garage, and limited lot size. <br /> <br />Councilmember Malone stated the Council is not in the design business and the hard facts do <br />not support a hardship for any more than a garage variance. He stated he could not support a <br />variance for the living quarters. <br /> <br />Mr. Ringwald noted that, based on this precedent, the adjoining property to the north could <br />add living space behind their garage and, based on this rationale, staff would recommend <br />approval. <br /> <br />Councilmember Malone requested that any motion made clearly identify the hardship. <br /> <br />Mayor Probst inquired regarding applicable portions of certain exhibits. Mr. Ringwald <br />explained the Planning Commission identified exhibits in their motion to "lock in" the building <br />elevations. He noted the new building elevations which the applicant's consultant submitted <br />would be more appropriate to reference if only the garage variance is considered for approval. <br /> <br />MOTION: <br /> <br />Mayor Probst moved and Councilmember Aplikowski seconded a motion to <br />approve Planning Case #98-02, Side Yard Setback Variance for the garage and <br />house addition at 3465 Siems Court, Sawhorse, Inc. (Joel & Jane Kennedy), as <br />identified in Exhibit A, page 7 of9 and page 9 of9, based on Staff <br />recommendations for three conditions and, in addition, requiring erosion control <br />and turf establishment based on the finding of a hardship as it relates to the garage <br />to provide the ability to have a two-car garage on a substandard sized lot with a <br />topography that does not allow it to be accomplished to the rear lot, and approval <br />of the house addition variance based upon the fact of the undersized lot, lot width, <br />