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<br />'. <br /> <br />ARDEN HILLS PLANNING COMMISSION - NOVEMBER 6, 2002 <br /> <br />3 <br /> <br />Commissioner Zimmerman asked ifhe had built the shed himself. Mr. Volkert replied he . <br />had a contractor build it. He stated he was going to obtain a building permit, but the shed <br />was under the square footage, so a building permit was not needed. He noted when he <br />inquired about a building permit; staff had not informed him about the setback <br />requirements. <br /> <br />Mr. Volkert stated he had asked most of his neighbors to sign a petition agreeing to the <br />current location of the shed. He noted he was not able to get a hold of one neighbor. He <br />presented the petition to the City for their records. <br /> <br />There was no one present for or against the Zoning Ordinance Variance. <br /> <br />Chair Sand asked why the traffic visibility area was not applicable. Mr. Hellegers replied <br />the Zoning Code did not have any language in it that applied to driveways only to street <br />intersections. <br /> <br />Chair Sand closed the public hearing at 7:35 p.m. <br /> <br />Commissioner Smithknecht asked if it was a problem to move the shed further north. <br />Mr. Hellegers replied applicant could move it further to the north, but they would need to <br />cut into some of the trees in order to do that. <br /> <br />Commissioner Smithknecht asked if it would be a problem to go straight north four feet. <br />Mr. Hellegers replied it would still need the 40-foot setback for the side yard comer e <br />setback. <br /> <br />Commissioner Ricke moved, seconded by Chair Sand to deny Planning Case #02-22, <br />Dean and Suzanne Volkert, 1330 Nursery Hill Lane, Zoning Ordinance Variance for the <br />following reasons: The variance requested was not in keeping with the spirit and intent of <br />the City Zoning Ordinance in so far that the shed would encroach the drainage and utility <br />easement. The property could be put to a reasonable use without granting a variance. A <br />garden shed was not reasonable use for the property. Granting the variance would alter <br />the essential character of the neighborhood. The variance requested was not the <br />minimum variance necessary, and there would be a way to have the shed on the property <br />without requesting the variances. <br /> <br />The motion failed (3-3). (Aye: Chair Sand, Commissioners Ricke and Smithknecht. <br />Nay: Commissioners Bezdicek, Zimmerman, Duchenes). <br /> <br />Commissioner Zimmerman moved, seconded by Commissioner Bezdicek to table <br />Planning Case #02-22, Dean and Suzanne Volkert, 1330 Nursery Hill Lane, Zoning <br />Ordinance Variance for additional information to determine if there would be a better <br />location on the property for the shed. <br /> <br />The motion carried unanimously (6-0). <br /> <br />e <br /> <br />PLANNING CASE #02-29 - THE DAVIDSON COMPANIES, 1240 WEST COUNTY <br />ROAD E, SPECIAL USE PERMIT <br /> <br />Chair Sand opened the public hearing at 7:43 p.m. <br />