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<br />. <br /> ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 2, 1998 3 <br />. house currently has a side yard setback of 27 feet, where 40 feet is required. DRAFT <br /> Ms. Randall advised that staff recommends approval of Planning Case #98-23, comer side yard <br /> setback variance for the attached porch and home (27 feet proposed, when 40 is required) based <br /> on the "Findings - Comer Side Yard Setback Variance (house and attached porch)" section of the <br /> Staffreport dated August 25, 1998. If the Planning Commission makes a recommendation on <br /> this Planning Case, it would be heard at the Monday, September 14, 1998, regular meeting ofthe <br /> City Council. <br /> Chair Erickson asked for confirmation that the applicant is requesting a variance for both the <br /> porch and the house. <br /> Ms. Randall indicated this is correct, when the home was built the required side yard setback was <br /> 20 feet. <br /> Commissioner Sand asked if the house on the south/east comer of Pleasant Drive has the same <br /> setback problem. <br /> Ms. Randall indicated that it did as well as others in the area. Several owners have already come <br /> in for similar types of variances. She also stated that if any homes were destroyed they would <br />. have to meet the 40 foot setback requirements when rebuilt or apply for a variance. <br /> Commissioner Sand stated that right now the home constitutes a legal nonconforming use. <br /> Commissioner Nelson asked if there have been any requests for a variance on an existing home <br /> in the last few years. <br /> Mr. Ringwald stated there has been one that he could recall. <br /> Ms. Randall indicated the home owners have evaluated other options for the porch but found if <br /> they move the addition over to meet the setback requirement, the addition would be in the way <br /> of a sliding glass door. <br /> Chair Erickson asked if the house is a split level. <br /> Ms. Randall stated that it is. <br /> Commissioner Galatowitsch asked, in regard to the deck that is currently in place, if they had to <br /> apply for a variance at the time it was built. <br /> Ms. Randall stated there was no variance on record, so it was probably built when a variance was <br /> not required. <br />. Since legal nonconforming properties are grandfathered in when new regulations are put into <br /> place, Commissioner Galatowitsch questioned should the Commission, at this time, deal with the <br /> request for a variance to rebuild the house in case of destruction. <br />