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~ ,._ . _ ~ _ c._, MINUTES REGULAR PLANNING COMMISSION MEETING December 1 1, 1995 PRESENT ABSENT ALSO PRESENT Lee Barry, Chair Tom Brace Carla Asleson, Planner Paul Kuettel Alex Hanschen Sue Gehrz, Council Liaison Wendy Treadwell Wayne Groff Phil Carlson, Planning Consultant Betty Wilcox Ellen Sampson, City Attorney Meeting was called to order at 7:00 p.m. by Chair Barry. Planning commission minutes of November 27, 1995 were unanimously approved as written. REQUEST FOR A VARIANCE FROM CHAPTER 9-4.01 SUBD. 4(C) TO PERMIT THE CONSTRUCTION OF A DOUBLE CAR GARAGE AT FRONT SETBACK OF 23 FEET WHERE A 30 FOOT SETBACK IS REQUIRED AT 1596 NORTHROP STREET. City planning consultant Philip Carlson explained that applicants Eric Schiffman and Karen Kloser have a purchase agreement to buy asingle-family home at 1596 Northrop. There is presently a single car garage on the property and Schiffman and Kloser want to be able to build atwo-car garage on the site that would encroach seven feet into the front yard 1Folwell Street) setback. The applicants' plan is to use part of the existing garage and construct additional garage space to build a 22' by 24' two car garage. The present south half of the garage would be remodeled to become part of the kitchen. Mr. Carlson explained that granting a variance requires demonstrating a hardship and that the city has nine criteria for granting a variance in the zoning code. He said before any of these criteria are considered. He reviewed the nine criteria for granting a variance and found that none of the conditions applied to this property. He then indicated that if a variance were to be granted, the applicants would prefer to wait five years before actually building the garage. The zoning code states that a variance terminates after one year unless the decision granting the variance states otherwise. Carlson stated five years is a long window of opportunity to grant, but that a two year variance with a possibility of a one year extension might be more reasonable. Mr. Carlson said that after careful consideration and study, he that the alternatives available to the property owner demonstrated that there was not a hardship. Therefore, he recommended that the planning commission recommend denial of the variance to the city council, but that if the planning • commission would recommend approval, it should be for a specific time (one or two years) and conditioned on an accurate lot survey to verify dimensions of