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4. The proposed variance; if granted, will.not adversely affect the public health, safety, or general welfare. 4.0 STAFF RECOMMENDA TION 4.1 Based on the findings outline in Section 3.1, staff recommends approval of the request for a variance to reduce the side yar~ setback to three feet for the purpose of constructing an eight-foot addition to an attached single car garage and a variance to reduce the setback of driveway to three feet at 1720 Chatsworth Street. 5.0 PLANNING COMMISSION RECOMMENDA TION 5.1 The Planning Commission held a public hearing on this request on Wednesday, May 27, 1998. Mrs. Nyman was present to answer questions and provide additional information. Robert Kemnitz (1730 Chatsworth Street North) spoke in opposition to the request. His concerns included the possible damage to the sugar maple trees on his I~t (root damage and need to trim trees), the impact on their view from their kitchen window, and the potential for water being directed on to their property. Q.J. & Nadine Smith (1721 Chatsworth Street North) and Edward & Matilda Dobesh (1719 Chatsworth) submitted letters in support of the request. The Planning Commission discussed the actual variance needed (three feet from property line versus two feet as originally requested), the applicant's need for additional garage space, the attempt to purchase additional property from the neighbor to the north (Mr. and Mrs. Kemnitz have stated that no such offer was made), the possibility of constructing a tandem garage, the City's regulations regarding trees near a property line, and the discrepancy over the location of the property line. The Planning Commission recommended approval of the request for a variance to reduce the side yard setback to three ,feet for the purpose of constructing an addition to an attached garage at 1720 Chatsworth, based on the findings outlined in Section 3.1 of this report (6-1). 5.2 The property will be surveyed on Saturday, June 20th, and stakes will be placed along the north property line (the surveyor's schedule was delayed). The results of the survey and the actual variance needed by Mrs. Nyman to construct the eight~foot addition as proposed will be presented at the Council meeting. The setback needed is expected to be between two and three feet. 6.0 SUGGESTED COUNCIL ACT/ON 6.1 By resolution, grant a variance to reduce the sid~ yard setback to three feet for the purpose of constructing an eight-foot addition to an attached garage at 1720 Chatsworth Street, based on the findings outlined in Section 3.1 of this report. Attachments: resolution; notification map; notice of public hearing; proposed site plan; proposed building elevation; letters from neighboring properties; excerpt of Planning Commission minutes; photo of property with survey stak.es. 6O-dayTime Umit: application submitted on April 16, 1998; application accepted as complete on April 27,1998; decision deadline is August 14,1998 (extended by City Council on June 8,1998). Prepared by: Kim L. Lee, AICP (490.2236) M:'RCA\PF3008A. PF3008 - RCA (06/22198) - Page 3 of 3