CCP 02-22-1999 - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 18 . property. Commissioner Sand asked if any comments had been received from this property .- owner. Mr. Delich indicated that the property owner had been in support of the variance. She .. had indicated to Mr. Delich that she too had been required to request a variance for a garage as her property has similar hardships. Commissioner Sand noted that normally the applicant for a variance is the owner of the property. He pointed out that the plat map indicates a Mr. Theodore Herrick is the property owner. He asked, if the applicants are not technically the legal property owners, can they request the variance. Mr. Ringwald stated that this would be allowed providing the applicant had the property owner's permission. Mr. Delich stated that they do own the home. It had been a recent purchase and the paperwork had not yet been updated. Mr. Ringwald pointed out that it would not be unusual for a purchase agreement be subject to the City granting a variance. Commissioner Sand referred to the "Other Zoning Ordinance Requirements" section of the Staff report. He noted paragraph number two states, "The variance shall not be contrary to the intent and purpose of the Comprehensive Plan,..." and asked if it is a goal of the Comprehensive Plan to realign the property lines in the area. Mr. Ringwald stated that it was not. Cornmissioner Baker moved, seconded by Commissioner Nelson to recornmend denial of e Planning Case #98-37, Side Yard Setback Variance (5 feet 1 inches proposed, when 10 feet is required) and a Front Yard Setback Variance (30 feet proposed, when 40 feet is required) for a house addition, based on the "Findings - Front and Side Yard Setback Variance" section of the Staffreport dated February 3,1999 Mrs. Delich asked if the Planning Commission could suggest any possible alternatives. Chair Erickson asked what the status is of the public alley. Cornmissioner Sand noted that it runs along the south edge of the neighboring property and asked if the applicant's property is accessed by the alley, as well as the southerly neighbor's house. Mr. Ringwald stated that it does. Chair Erickson asked if the alley could be vacated. Mr. Ringwald stated it could not be since four homes use the alley for access. Commissioner Sand concurred and noted that two of the accesses could be adjusted to Fairview Avenue, however the other two could not. Chair Erickson stated, in response to Mrs. Delich's question, the only other alternative which seems reasonable would be to redesign a new home which would require a variance on the north side. The existing home is so non-conforming with its setbacks that a new home would be more consistent with the existing conditions. Mr. Ringwald referred to paragraph two of the "Findings Section" of the Staff report. He stated _ that the Planning Commission and the City Council have been consistent in maintaining at least _ the five-foot setback in order to allow access around the properties or the installation of utilities. If the new home were built within these parameters it would be an improvement.