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ARDEN HILLS CITY COUNCIL September 27, 2010 2.A. TCAAP Reuse and Public Sale Update (continued) Councilmember Grant requested Staff send a letter to the neighboring cities to update them on TCAAP. Mayor Harpstead clarified that the auction or bid process would not happen until 45 -60 days after the IFB had been released to the public. PUBLIC Mayor Harpstead opened the Public Inquiries /Informational at 7:08 p.m. Mr. Matthew Frank, 4490 Hamline Avenue, Arden Hills, stated he purchased this home in May of 2010. He has submitted plans to City Planner Beekman for the construction of a new garage. This new construction is not proposed to encroach any further into the setback than it currently does. The only change to the existing garage footprint would be the length of the structure. This type of change still requires a variance request and Ms. Beekman had explained that the variance request would probably not be granted due to recent changes at the State level. He requested assistance from the Council on direction for proceeding with this request given the recent changes in the laws for variance requests. Mayor Harpstead stated the granting of variance requests by cities has been tightened due to the recent changes with the State law. He stated the Council would need to have an update on the law and its impacts at a future work session in order to better respond to Mr. Frank's questions and request. At this time the Council is not able to act on this request. City Planner Beekman stated the current plans were submitted in order to obtain a building permit. She let Mr. and Mrs. Frank know that the proposed structure would encroach on the required ten -foot setback and the City would not approve a new construction with this type of encroachment. Even though the current structure encroaches, the City could not allow an expansion of this non conforming structure. She stated she also explained the current situation with variances based on the changes at the State level. Staff is working on ideas and ways to handle these types of requests and will bring this information to a future City Council work session. She clarified Mr. Frank is not asking for a decision from the Council but rather direction on what they should do. Councilmember Holmes stated City Attorney Filla had presented information to the Planning Commission and the variance rule was not as confusing as it seemed. She recommended Mr. and Mrs. Frank proceed through the normal variance request procedure. Councilmember Holden stated changes might take place during the next legislative session, which begins in February. These changes might be more favorable to residents requesting variances. At this time it is unknown what changes would happen, if any, but it could be worth waiting until next year to find out.