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ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 5 Chair Sand questioned if staff had heard from other neighbors. Mr. Hellegers stated he . received one phone call and the letter the Planning Commission received tonight in favor of the project. Commissioner Zimmerman questioned what precipitated the variance ifthe old garage was already five-feet from the property line. Mr. Hellegers stated this situation is different from the deck because the deck was appurtenant to the principle structure. In this case, the applicant is removing more tha11 fifty percent of the structure and therefore requires a variance. Commissioner Larson stated instead of working on variances the City should work on recodifying the Zoning Ordinance because of all of the side yard setbacks being granted. Chair Sand questioned ifthe garage were attached to the house it would require a five- foot setback, but because it is detached, it requires 10-feet. He stated he agrees with Commissioner Larson's comments. Mr. Hellegers stated staff has been looking at recodifying the Zoning Ordinance for some time because it has been a problem. Staff is currently reviewing it and it may be ready at the next meeting. Action could be taken at the September meeting and then it would be forwarded to the City Council for final approval. It would then take affect 30 days after . publication. Commissioner Larson questioned if the City changed the code would the variance be rescinded and off the books. Commissioner Zimmerman explained that whatever the zoning ordinance is at the time of the application and the variance would remain. Chair Sand invited anyone for or against the variance to come forward and make comment. Patty Beaudry, 1860 G1enpaul A venue, asked ifthe ordinance was changed would her application fee be refunded and that she cannot move the garage farther to the rear because of the cottonwood tree. Mr. Parrish stated because the cost of mailings, publications and staff time have already been expended, there would be no refund. Chair Sand closed the public hearing at 8:I5 p.m. Commissioner Zimmerman moved, seconded by Commissioner Ricke, to recommend approval of Planning Case #03-I 7, Patricia Beaudry, I860 Glenpaul Avenue, for a five- . foot side yard interior setback variance. The motion carried unanimously (5-0).