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<br />. <br /> <br />. <br /> <br />. <br /> <br />I. The projcct shall be completed in accordance with the plans submitted as part <br />of the Variance application. Any significant changes to these plans, as <br />determined by thc City Plailller, shall require review and approval by the <br />Plaillling Commission. <br />2. The variance shalJ automatically expire and become void one (I) year from <br />and after the date on which thc Council granted such approval if work on the <br />project has not begun within that time period. <br />3. The accessory structurc shall not exceed a 728 square foot ground floor <br />footprint. <br />4. The accessory structure shalJ not encroach any further on the side yard setback <br />than the existing accessory structure, ineluding overhangs and eaves. <br />5. The accessory structure shalJ match the architecture and color scheme of the <br />principal structure. <br />6. Guttcrs or other water control measures shall be installed so that stormwater is <br />not directed toward adjacent properties or to the public right-of-way. <br />7. The applicant shall obtain all necessary pcrmits from the Rice Creek <br />Watershed District. The applicant shall provide the City with a copy of these <br />permits before any building permits are issued. <br /> <br />Findings for Denying thc Variance <br /> <br />The three Commissioners recommending denial ofthe variance to construct an addition <br />to the accessory structure based their recommcndation on the following finding of facts <br />offered by Commissioncr Larson: <br />1. Section Y.D of the Zoning Ordinance prohibits the expansion of non- <br />conforming uses. <br />2. The non-conformity of the structure would increase due to the expanded <br />footprint. The expansion takes place within the front-yard and side-yard <br />setbacks. <br /> <br />Residcnt Commcnt <br /> <br />Staff has rcceived two emails, one letter, and one phone call regarding Mr. Wcstlund's proposal. <br />The writtcn endorsements from 3368 Lake Johanna, 1837 Stowe, and 3342 Lake Johanna are <br />attached. AIJ threc written correspondences were in support of Mr. Wcstlund's proposal. A <br />phone call from Brice Scott at 3375 Lake Johaillla Blvd was received on February 22, 2006. Mr. <br />Scott voiced his support ofMr. Westlund's project. <br /> <br />Dcadline for A!!encv Actions <br /> <br />Thc City of Arden Hills received the completcd application for this rcquest on February 6, 2006. <br />Pursuant to Minnesota Statc Statute, the City must act on this request by April 6, 2006 (60 days), <br />unless the City provides thc petitioner with written reasons for an additional 60 day rcview <br /> <br />\\Metro-inet.lI.<;lardenhi!ls\PfaIlJlingIPfannil1g Cases12006106-006 Westlund variance (PENDING) \030206 CC Report ~ Westlund }'ariance.doc <br /> <br />Page 5 of6 <br />