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ARDEN HILLS CITY COUNCIL - February 27, 2006 4 Mr. Lehnhoff stated he spoke with the City Attorney regarding Mr. Findcll's application. The . City Attorney conculTed with Staff and the Planning Commission that the variance did not mcct the legal criteria for a hardship. However, the City Attorney did indicate that it would be difficult to make findings that the minor subdivision was not consistent with the character of the neighborhood if the dwelling were in a confonning location, especially since the subdivision does meet or exceed all ofthe requirements of the R-I Zone. He indicated a letter was received from Mark Bohnenstingel and Patricia Murphy, 1394 Skilcs Lane, of which each Councilmember received a copy. Mr. Lchnhoff stated he spoke with the City Attorney regarding Mr. Findell's application. The City Attorney concurred with Staff and the Planning Commission that the variance did not mect the legal criteria for a hardship. However, the City Attorney did indicate that it would be difficult to make findings that the minor subdivision was not consistent with the character of the neighborhood if the dwclling were in a conforming location, especially since the subdivision does meet or exceed all of the requirements of the R-I Zone Gary Findell, 1742 Hartford Avenue, St. Paul, summarized his proposal for Council. He indicated since the Planning Commission meeting, they have spoken with the neighbors regarding their plans. He noted the neighbors wanted to save as many trecs as possible. Hc stated if the trees were removed, it would decrease the property value, which he believed would be a hardship. He stated they were willing to agree to replace trees that would need to be taken out and to replace trees that might die as a result of construction. He indicated they would work . with the neighbors as much as they could, but this was private property. Coullcilmember Holden inquired on Lot 14 were there any mature oak trees. Mr. Findell responded the trees shown were pine trees. He stated their intent was to live in the newly constructcd home. Councilmembcr Larson asked what information was being brought forward now that the Planning Commission did not have at their meeting. Mr. Findcll replied they now had a graphic illustration that showed the lots would be consistent in size with the remainder of the area; as well as a number of acrials. Mr, Lehnhoff noted the Commission was aware of the possible moving of the existing house, but the Commission did not have the level of detail the Council has. Councilmcmbcr Larson stated in reading through the materials, he agreed with the City Attorney that it would be difficult to find a hardship to allow a variance based on saving trees alone. He did think they should allow the minor subdivision, and deny the variance. He did not believe trees were a reason to allow a variance and did not believe this had ever been done in the past. .