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ARDEN HILLS CITY COUNCIL - February 27,2006 6 Couneilmember Holden stated she did believe trees were a hardship and the trees were an . important aspect of the community. She stated Arden Hills is noted for its trees and it is important to the neighborhood to retain the trees. Council member Grant asked if any other variance would be required if the lot line were moved six feet. Mr, Lehnhoff responded that an additional variance would be required to create a non- conforming lot width. Councilmember Grant stated it appeared there were other options here. Councilmember Larson stated the problem remained that the justification for the hardship would be trees and that was not a standard that they have used as a justification for a variance. Mayor Aplikowski stated she knew there were instances in the past where they had denied a building of a garage due to trees being destroyed in the process. Councilmember Larson stated the owncr had said he was willing to move the house and if they did not approve the Minor Subdivision, it appeared to him that they should send this back to the Planning Commission. Mr. Fiudell stated he would still want an easement between the houses so they remained 25 feet apart. He stated they would be comfortable with the 89-foot lot. Councilmember Larsou stated he did not believe an 89-foot lot would address the hardship issue. . Mr. Findell stated moving the house was possible, but he was concerned about the loss of trees. He indicated they would preserve as many trees as possible, but there was no guarantee the trees would survive. Mayor Aplikowski asked if they could approve this with a different variance. Mr. Lehnhoff rcsponded they could not approve a different variance tonight and that it would have to go back to the Plawling Commission. Councilmember Holden called the question. Mr. Lehnhoff inquired about the park dedication fee. Council member Larson amended his motion to establish the park dedication fee of $4,808.00, which was base don the value of the new lot only. The motion carried (3-1). (Councilmember Holden opposed). MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to deny Planning Case No. 06-002, Gary Findell, 1401 Skiles Lane, variance based on the absence of a demonstrated hardship consistent with the findings of the Planning Commission. The motion carried (3-1) .A (Councilmember Holden opposed). .