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AR—DEN HILLS CITY COUNCIL—February 22, 2010 9 7.B. Ordinance 2010-004 in Planning Case 09-003 to Amend Sections 1305 Subd. 4, 1325.07 Subd. 6, and 1330 of the City's Zoning Code and Approve Publishing a Summary (continued) City Planner Beekman clarified that there are no other locations in the City that use the adjacent lots to determine setbacks. The porch ordinance does provide flexibility for homeowners to improve the front fagade of their home with some encroachment allowed. The "minus ten-feet" language is similar in that it creates a formula for some flexibility. Councilmember McClung stated there are some issues with the proposed regulations but these regulations are also addressing some serious loopholes in the current regulations. The City needs to allow the residents some degree of flexibility and this language is fair. Mayor Harpstead asked how big an addition could be. City Planner Beekman stated the size of an addition is not defined in the City's codes. The City's codes only address lots that are undeveloped and the term undeveloped is not defined. If a lot can be defined as developed then an addition of any size can be constructed. Councilmember Holmes stated this ordinance change would address some of the concerns of the residents and also close the loophole of a resident being able to build an addition up to the fifty- foot setback. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve Ordinance 2010-004 in Planning Case 09-003 to Amend Sections 1305 Subd. 4, 1325.07 Subd. 6, and 1330 of the City's Zoning Code Based on the Findings of Fact in the February 22, 2010, Planning Case Report. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Amend Section 1330.03 Subd. 4 and Delete the Phrase "minus ten-feet". Mayor Harpstead stated he does see opportunities where someone could move closer to the lake than the neighboring residents and he would like to see people build further from the lake not closer. Councilmember Holden stated agreement with Mayor Harpstead and that the "minus ten-feet" language would be advantageous for a property owner that would be tearing down a home and reconstructing on the property. There would not be an advantage to the adjacent properties. Councilmember Holmes stated other cities in the area allow construction up to the fifty-foot setback no matter what the setbacks are for the adjacent homes. The "minus ten-foot" provides the City with a more moderate approach and gives people more flexibility. The current regulations have provided the opportunity for residents to build up to the fifty-foot setback and there have not been any of the problems that the residents are concerned about.