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<br />ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 16 <br /> <br /> <br />Chair Erickson asked if, even though the applicant had modified the previous proposal to _ <br />provide minimal sideyard setbacks, Staffis recommending denial because the proposal would .. <br />not meet the current setback as currently mandated. Ms. Randall stated that this was correct. <br /> <br />Chair Erickson asked if there were any proposed changes to the front of the home. Ms. Randall <br />stated that she was not aware of any. <br /> <br />Chair Erickson requested further explanation of the Staff's concern regarding the buildable area <br />behind the proposed addition. Ms. Randall explained that if the variance were granted, any <br />additions proposed to the home in the buildable area would be allowed without prior approval or <br />variances. <br /> <br />Chair Erickson asked why the buildable area shows the five-foot setback to the south only. Ms. <br />Randall explained that the five-foot minimum setback could be on either the south or the north <br />side of the property. The Code requires at least a five-foot minimum, with a 15-foot total <br />setback. The buildable area could shift to either side so long as it maintains a minimum five-foot <br />setback on one side and a ten-foot setback on the other, or it could be centered with seven and <br />one-halffeet on both sides. <br /> <br />Commissioner Nelson asked if, in past variance approvals, the Planning Commission had <br />required that any additional changes be brought back to the Cornmission for approval. Mr. <br />Ringwald stated that, in this instance, the concern is regarding the buildable area. The primary <br />issue is whether the findings are based on what is being proposed, or if the variance would still e <br />be valid for any future development. The Staff must consider what would happen if the home <br />were to burn down. The variance would be for a structure, which could not be rebuilt in its <br />original location. <br /> <br />Commissioner Sand requested confirmation that, if the variance were granted and the entire <br />house burnt down, the area of the existing home could not be built upon again becanse the <br />variance is not for that portion. Mr. Ringwald stated that was correct. Commissioner Sand asked <br />if, with the variance, the structure could be rebuilt in the proposed building area. Mr. Ringwald <br />stated this would be correct if there were no conditions stating that it could not be. <br /> <br />Mr. Ringwald reiterated that the basic issue is whether or not the proposed addition would be in <br />an appropriate location. The addition itself would create a reasonably sized home, however, <br />regardless of who owns the home, any further additions within the buildable area would not <br />require prior approval. There may be the possibility of the homeowner wanting more bedrooms, <br />bathrooms, deck, or a garage in the future. Since the square footage of the addition itself is <br />reasonable, the issue to determine is whether or not the location of the home be rectified now, or <br />later. <br /> <br />Commissioner Duchenes suggested that the homeowners consider building up, as many of the <br />homeowners around the lake have done. <br /> <br />Chair Erickson noted that there had been a home, which did not meet the setback requirements e <br />which was permitted to build up through a building permit. Mr. Ringwald stated that this was <br />due to the fact that the footprint of the home had not changed. Providing the existing structure <br />would support an addition, it would be allowable since it would not create additional <br />