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CCP 01-08-2001
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CCP 01-08-2001
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<br />. <br /> <br />. <br /> <br />. <br /> <br />ARDEN HILLS PLANNING COMMISSION - DECEMBER 6, 2000 <br /> <br />5 <br /> <br />Joe Filla, City Attorney, stated that hardship is defined as three elements: whether the property <br />owner has reasonable use of the land unless the variance is granted; whether the variance will <br />alter the character of the neighborhood; and unique circumstances of the property, He added <br />these are subjective standards which will change with the collective makeup and judgment of the <br />decision-making body, <br /> <br />Mr, Filla stated is it necessary to decide whether the applicant can have a reasonable use of his <br />property without encroaching on the setback. He added the community standard of what is <br />reasonable can change over time, <br /> <br />Chair Erickson stated he is inclined to support the request, as 2 of the 3 conditions described by <br />Mr. Filla support it. He expressed concern with regard to the applicant's disregard ofthe <br />building permit process, noting that will be corrected if the variance is granted and the work will <br />be redone according to City Codes. Ms, Chaput agreed. <br /> <br />Commissioner Nelson asked where the footings should have been laid. Mr. Whittles stated that <br />City code requires a setback depth of 42 feet, and the footings were laid at 32 feet. Mr. Whittles <br />stated he is taking the blocklayer to municipal court, <br /> <br />Commissioner Duchenes stated that the house predates the City's zoning ordinance which creates <br />a unique circumstance for the property as a whole. She added that if the house had been built <br />after the zoning ordinances were in place, it would have been within setback requirements with <br />room for expansion, She noted that the home has existed without an addition for many years, <br /> <br />Commissioner Baker stated he has difficulty finding a hardship in this case. He added that no <br />photos of the property were included in the memo, so it is difficult to envision the addition on the <br />property. He expressed concern that the Commission would approve an addition with no idea of <br />what it will look like, and how it will impact the neighborhood. <br /> <br />Commissioner Sand stated he would support the request as the addition would not detract from <br />the character of the neighborhood. He expressed concern with regard to the process used by the <br />homeowner. He added he hopes the applicant has realized the Commissioners are reasonable and <br />willing to listen, noting that a friendly attitude would improve the applicant's chances. <br /> <br />Commissioner Sand expressed concern that residents often assume that the City government is <br />unreasonable and unwilling to cooperate with homeowners, He added that homeowners should <br />follow the City's guidelines for building permits and variances. <br /> <br />Commissioner Sand moved, seconded by Commissioner Nelson, to recommend approval of <br />Plarming Case #00-37, front yard setback variance (35,5 feet proposed when 40 feet is required), <br />1867 Glen Paul Avenue, for the following reasons: <br /> <br />1. <br />2. <br /> <br />The variance is in keeping with the spirit and intent of the City's Zoning Code, <br />A variance is necessary as the expansion of the kitchen is required at the front of the <br />home where the kitchen is located. <br />The hardship was not created by the homeowner as the home existed prior to City <br />ordinance enactment. <br />The addition will not alter the essential character ofthe neighborhood. <br /> <br />3. <br /> <br />4, <br />
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