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ARDEN HILLS CITY COUNCIL - JANUARY 31, 2000 D~(AFT 22 Staff found that an addition off the rear of the existing structure appeared to be the only suitable a location for an addition to the existing home. Other houses in the area are setback at least 30 ., feet, except for a corner lot across Stowe Avenue which has a 20 foot setback. The only other option would be to build up, however, the City has a height restriction of35 feet. The existing structure is entirely in the front yard setback area. The structure can not be expanded on without a variance unless it is added upward. The lot is larger than most lots in the area. The applicant could minimize the request by eliminating a portion of the porch addition and the entry portion of the addition. This would require a seven foot variance (33 feet, where 40 feet is required.) This design would not fit as well with the existing home. The current house is slightly smaller than most of the homes in the neighborhood, however, the addition would double the existing size. The plans show a separate living area (mother-in-law apartment). This property is currently zoned R-2, which allows single and two family dwelling units. Two family dwelling units are allowed under a special use permit with a minimum ofa 16,000 square foot lot. The applicant's lot is 22,500 square feet. Staff was not aware of this early enough to include a Special Use Permit as part of this application. The current ordinance does not prohibit the construction of this type of structure, however, it does prohibit the rental of this area without a special use permit. At the time of a building permit for this type of structure a condition would be placed on the permit that the structure not be rented without obtaining a special use permit. Staff a recommends a condition be added to this variance request that the apartment not be rented ., without obtaining a special use permit. Ms. Randall stated that staff received a letter in support of the project. Ms. Randall advised that the Planning Commission recommended approval of Planning Case #00-03, front yard setback variance (18 feet proposed, when 40 feet is required) for an addition and porch based on the "Findings - Front Yard Setback Variance (addition)" section of the staff report dated January 5, 2000. Mayor Probst confirmed that all of the encroachment, with the exception of the addition, is the existing building and the only way to eliminate this would be to remove the entire home and rebuild elsewhere on the lot. Ms. Randall stated that this was correct. She added that there would be now way to add onto this property without infringing on the front yard setback. Mr. James Moberg, 3355 Lake Johanna Boulevard, stated that the Planning Commission had expressed concern regarding the proposed widows walk on the roof of the building. He indicated that he reviewed the Code regarding this addition and the widows walk will meet all requirements. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve Planning Case #00-03, front yard setback variance (18 feet proposed, when 40 feet is required) for an addition and porch based on the "Findings - Front Yard Setback Variance (addition)" section of the staff report e