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<br />porch approximately 5 by 8 feet in front of the door. However, the original porch are <br />was nonconforming and when it was removed, it lost its nonconforming rights and can <br />not be rebuilt, per Section IX (1) of the Zoning Ordinance. <br /> <br />e <br /> <br />2. Variance not greater than necessary: The original variance was reduced on the northeast <br />side of the structure by reducing the 8 x 14 foot section to 2' x 11'. The proposed 2' <br />encroachment is permitted into a required setback area (up to 3' as long as the <br />encroachment does not bring the structure closer than 6' to the property line) per Section <br />VI (C) 2 (a) of the Zoning Ordinance. However, this variance was increased on the <br />southeast of the structure at the same time that it was reduced on the northeast side. <br /> <br />Deadline for Al!encv Actions <br />The City of Arden Hills received the completed application for this request on January 31, <br />2000. Pursuant to Minnesota State Statute, the City provided the petitioner with written <br />reasons for an additional 60-day review period on March 31, 2000. The additional review <br />period was extended to Monday, May 29, 2000. On May 8, 2000, the applicant waived the <br />sixty-day review period <br /> <br />Lastly, if the City denies the petitioners request, "...it must state in writing the reasons for the <br />denial at the time that it denies the request". <br /> <br />Note: Zoning Ordinance Section VIII, E, 4, states no application which has been denied <br />wholly or in part shall be resubmitted for a period of six (6) months from the date of said order <br />of denial. <br /> <br />. <br /> <br />Updates: Mr. Mertensotto will not be able to be present at the City Council meeting. He <br />intends to send his architect to represent him. <br /> <br />Options <br />1. Recommend approval as submitted. <br />2. Recommend approval with conditions. <br />3. Recommend denial with reasons for denial. <br />4. Table for additional information. <br /> <br />Recommendation <br />The Planning Commission recommends denial of Planning Case #00-14, a corner side yard <br />setback variance (12 feet where 40 is required) for a porch addition at 3491 Lake Johanna <br />Blvd., based on the following findings: <br /> <br />1. The applicant was unable to demonstrate that any possible alternative solutions to the <br />proposed construction had been fully investigated; and <br />2. The approval of the variance would not improve the existing nonconformity. <br /> <br />. <br /> <br />2 <br />