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I ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 2 . Chair Sand questioned the zoning ordinance requirement regarding permanent encroachments into setbacks. The zoning ordinance states encroachments may extend three feet into the required setback for decks and in no case the setback is to be no less than six feet. Re questioned the fact the existing deck is already encroaching more than three feet and now the applicant wants to make the encroachment worse. Mr. Hellegers stated that was correct and that the house is 30-feet from the property line. The existing deck is l2-feet from the property line and the applicant is requesting an additional six-feet of encroachment. The situation was created by the builder of the home by building the home so close to the east property line and the wooded area. The rear of the property is abutted by 29-feet oftree cover and no cover is planned to be removed. Staff considered moving deck to the west but there is a tuck under garage, which would pose problems. The applicant wants to add a pergola to maintain the amenity of a deck so close to the woods, but because of the mosquitoes, it needs to be enclosed. Tn effect, the request increases the non-conforming area but grants the property owner more buildable area. Commissioner Ricke questioned ifthere would be any trees removed in this process. Mr. Rellegers stated that would not be the case. Commissioner Zimmerman asked if the 30-foot setback was established when the house . was built and if the deck was constructed at that time or later. Mr. Hellegers stated he was unaware of any variance for the current deck and was not sure when it was constructed. This could be verified by checking the building permit and he was not certain of which zoning ordinance applied. Commissioner Zimmerman commented that the Planning Commission is continually running into items like this. If the original ordinance requirements are not known, it is difficult to make decisions. Mr. Rellegers replied that information is cross-referenced, but many files prior to I980 have been damaged or destroyed. There is no variance indicated for this property and staff can review the building file for a deck permit. Commissioner Ricke questioned if any other neighbors commented besides those in the packet. Mr. Hellegers answered there were no further comments. Commissioner Larson noted the front deck must have built at the same time as the house due to the nature of cantilever. When the deck was built it was in violation and the hardship was created by the original owner. Re also noted that number five of the report stated other properties have similar issues with but number one stated the circumstances are unique to the property. . Commissioner Zimmerman questioned if there was anything in the park and trail comprehensive plan that would eause park to move closer to this property.