CCP 01-08-2001 - Laserfiche WebLink

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. . . ARDEN HILLS PLANNING COMMISSION - DECEMBER 6, 2000 5 Joe Filla, City Attorney, stated that hardship is defined as three elements: whether the property owner has reasonable use of the land unless the variance is granted; whether the variance will alter the character of the neighborhood; and unique circumstances of the property, He added these are subjective standards which will change with the collective makeup and judgment of the decision-making body, Mr, Filla stated is it necessary to decide whether the applicant can have a reasonable use of his property without encroaching on the setback. He added the community standard of what is reasonable can change over time, Chair Erickson stated he is inclined to support the request, as 2 of the 3 conditions described by Mr. Filla support it. He expressed concern with regard to the applicant's disregard ofthe building permit process, noting that will be corrected if the variance is granted and the work will be redone according to City Codes. Ms, Chaput agreed. Commissioner Nelson asked where the footings should have been laid. Mr. Whittles stated that City code requires a setback depth of 42 feet, and the footings were laid at 32 feet. Mr. Whittles stated he is taking the blocklayer to municipal court, Commissioner Duchenes stated that the house predates the City's zoning ordinance which creates a unique circumstance for the property as a whole. She added that if the house had been built after the zoning ordinances were in place, it would have been within setback requirements with room for expansion, She noted that the home has existed without an addition for many years, Commissioner Baker stated he has difficulty finding a hardship in this case. He added that no photos of the property were included in the memo, so it is difficult to envision the addition on the property. He expressed concern that the Commission would approve an addition with no idea of what it will look like, and how it will impact the neighborhood. Commissioner Sand stated he would support the request as the addition would not detract from the character of the neighborhood. He expressed concern with regard to the process used by the homeowner. He added he hopes the applicant has realized the Commissioners are reasonable and willing to listen, noting that a friendly attitude would improve the applicant's chances. Commissioner Sand expressed concern that residents often assume that the City government is unreasonable and unwilling to cooperate with homeowners, He added that homeowners should follow the City's guidelines for building permits and variances. Commissioner Sand moved, seconded by Commissioner Nelson, to recommend approval of Plarming Case #00-37, front yard setback variance (35,5 feet proposed when 40 feet is required), 1867 Glen Paul Avenue, for the following reasons: 1. 2. The variance is in keeping with the spirit and intent of the City's Zoning Code, A variance is necessary as the expansion of the kitchen is required at the front of the home where the kitchen is located. The hardship was not created by the homeowner as the home existed prior to City ordinance enactment. The addition will not alter the essential character ofthe neighborhood. 3. 4,