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<br />e <br /> <br />e <br /> <br />e <br /> <br />ARDEN HILLS PLANNING COMMISSION - MARCH I, 2000 <br /> <br />DRAFT <br /> <br />13 <br /> <br />Ms. Randall advised that none of the applications considered tonight would have qualified for the <br />administrative process. All would have been heard by the Planning Commission. She read the <br />language being proposed indicating that "the setback for additions to any existing residential <br />dwelling shall be the same or greater than the existing structure. . ." Ms. Randall noted that the <br />Planning Commission would need to determine minimum setback distances to complete that <br />section ofthe ordinance. <br /> <br />Ms. Randall reviewed past considerations on several variances that would have been impacted by <br />the proposed language change. She noted that people with large lots could conform with this <br />modification. <br /> <br />Commissioner Rye stated he would support language that captures more variance requests and <br />would maximize time and efficiency of staff, the Planning Commission, and Council. He asked <br />if the permitted encroachments have a "primary gatekeeper" and "secondary gatekeeper" to be <br />determined by staff and an opportunity for appeal through the normal process. <br /> <br />Ms. Randall stated it will be difficult for staff to determine which applications should go through <br />the process and which should not unless it is more closely defined which would result in <br />ordinance discretion rather than staff discretion. Commissioner Rye stated that criteria could be <br />established and ifmet, the variance could be granted by staff. However, if the criteria is not met, <br />then the normal process would have to be followed. <br /> <br />Ms. Randall advised that Commissioner Baker asked ifthere was availability for staff discretion <br />whether it would be brought forward or not, and if a section were to be added where a percent of <br />the exiting structure would have to be within the buildable setback area (slightly non-conforming <br />versus a whole house that is non-conforming). She noted in that case, most of the variances <br />contained in the staff report would still have been approved. <br /> <br />Commissioner Sand raised several definitional questions. Ms. Randall stated all of the language <br />proposed is within the City's ordinance with the exception ofthe underlined words. <br /> <br />Commissioner Sand read Section C, 2, a, (I) and asked how the line being described is <br />determined. Ms. Randall drew a diagram showing a house with a five foot (R-2) setback and <br />allowance of an encroachment to be three feet, which would be less than six feet so in that <br />situation, it would not be allowed. Ifthe house is at ten feet (R -I) then going to a three foot <br />encroachment would not encroach into the minimum six foot setback and would be allowed. <br /> <br />In response to Commissioner Sand, Ms. Randall noted the consideration of Building Codes <br />which requires six feet between buildings and no more than a three-foot overhang. <br /> <br />Commissioner Sand asked the intent of the language addressing traffic visibility and how it is <br />measured. Ms. Randall explained that with a comer lot, it is measured from the property line. <br />She created a diagram of how the triangle is measured and the height restriction within the <br />triangular space to assure adequate traffic visibility. <br /> <br />Commissioner Rye asked if the reason for this consideration is to assure that it is acceptable with <br />the neighbors, the neighbors are notified, all the issues are identified, the request has a minimized <br />impact, and City interests are protected. <br />