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ARDEN HILLS PLANNING COMMISSION - MARCH I, 2006 7 . Chair Sand stated if applicant was not asking for the additional storage in the garage, the Commissioners could approve this and the issue was not the height of the garage, Commissioner Larson responded that was correct. Commissioner McClung asked if applicant would accept that condition, Dan Westlund responded he could not regulate what the owner would use that space for. Mr. Lehnhoff noted applicant could go up, but not out. He indicated should there be an adverse impact due to the height; the height could be limited as a condition, He statcd in looking through section 6(a) of the Ordinance, he didqgt'see anything that would limit the usc ofthe second floor of the garage, ',', Commissioner Larson stated ultimately this was a1'i'l~cessClry stmcture and askcd what the definition of an accessory structure was, Mr:;~'lJWioff read from the Code the definition of an accessory structure'hlr~ll~~liihh ::1'1+ '<~Km!~;~m>-, Chair Sand stated there might be limitations if this was habi'f~1i\'teJ,spacc, He asked where did they draw the line as to what was habitable space, MLIili~lJ:1lhoff statcd in many instances, they limited second stories to accessory buildings by'C'fieight, but he did not believe the Code addressed this issue. Chair Sand asked if the other gar<!;g~t1!lown theroad built by Mr. Westlund used the upper . I'TflIl',' level as storage, Mr. W estlu~? ~~sponded it was being used as storage, He noted there were no plans for this gara~~~,~iPg used as asee9hd dwelling and he was not putting egress wmdows In and a~a~i!'li structure reqUIred egress wmdows. He noted the footprint ,;,<!;~,~I13l.'~iI~~:1)Ut theS\,!~'~'that was being seen from the street was the same, :~~~gvih~l~r~~~~;_~~c:~~~;.~~~~f::~g;~~~;t;:~dt~h:~~;r~~~;:~;i~f~~~ st~e;et. He agreed a two l~lll~arage w~s not a hardship, but instead it was to get more ,e!~~];ip,p' get more storage JltJ, as well as to make it look better. He stated the hardship wasl:t~~the could not attaclllli1he garage to the house, but he understood he could not do that.H'~:!l8ted Mr. Carlsqf"would still be looking at the same view and he had spoken with Mf:}~lIl'!~?n previ';''lY who indicated he could not see the lake from his home anyway, ';"'''''' ,',' 'ii::~I,;j~~g~~.~j iW~'; Commissioner JVttp1lesette asked if they needed to resolve this, or could this just go to Council. Chai(,Sand responded this could not go to the City Council as it cUlTently sat and they needed to either completely deny this or an affirmative vote in favor. Chair Sand moved, seconded by Commissioner McClung to recommend approval of Planning Case No. 06-006b, Variance accessory stmcture - Westlund, 3352 Lake Johanna Boulevard, subject to the conditions as noted in staffs February 21, 2006, report and adding a condition for review and approval by the Rice Creek Watershed District shall be provided prior to the issuance of a building permit. .