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ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 4 Commissioner Ricke explained these homes are incredibly buffered and this was a unique . circumstance with the 29- feet of woods. She stated for aesthetic reasons and for the neighborhood, the best location for the deck is at the rear of the property. Commissioner Zimmerman stated if the applicant wanted to replace the existing deck the Planning Commission would still need to issue a variance if built to the west. Mr. Hellegers replied that was correct and a variance would be required if extending the non-conforming deck to the east or west. Chair Sand closed the public hearing at 7:54 p.m. Chair Sand stated he was having trouble balancing the various issues and it would be a tough call. Commissioner Larson moved to recommend denial of Planning Case #03-I6, David and Martha Dobratz, I440 Indian Oaks Trail, for an I8-foot variance to the minimum rear setback. The motion failed due to a lack of a second. Commissioner Bezdicek moved, seconded by Commissioner Ricke, to recommend . approval of Planning Case #03-16, David and Martha Dobratz, 1440 Indian Oaks Trail, for an 18- foot variance to the minimum rear setback. The motion carried (4- I Commissioner Larson against). Commissioner Larson stated he was not in favor ofthe variance. The reasons he stated were that it was increasing a non-conforming use; there is area to the west to build; the situation was created by the original owner; and the Planning Commission may be setting a dangerous precedent by using park in lieu of setback area. This Planning Case will be reviewed at the Monday, July 28, 2003, City Council meeting. PLANNING CASE # 03-17 -PATRICIA BEAUDRY, 1860 GLENPAUL AVENUE- VARIANCE Chair Sand opened the public hearing at 8:00 p.m. Mr. Hellegers stated the public notice was published in the Arden Hills-Shoreview Bulletin and was mailed out to all property owners within 350 feet of the subject property. Mr. Hellegers explained that the applicant is requesting a variance to allow construction of a garage five feet from the west property line. Mr. Hellegers presented staffs analysis . of the request and stated staff recommended the variance request of five feet for the side yard interior setback be approved.