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PUBLIC HEARING • The public hearing was opened by the Chair. Roger Miller, the property owner and applicant came forward to speak and to answer any questions the Commission might have. Commissioner Harris pointed out that mosquitoes are everywhere; why would the problem be any worse at this property. Mr. Miller said that the site had been swamp, according to a map from the 1920, and has a lot of high vegetation. This affects the whole Grove neighborhood. There being no one else who wanted to speak, the hearing was closed. VARIANCE AT 2135 HOYT: DISCUSSION AND RECOMMENDATION Commissioner Ziebarth said that she had gone to look at the property. She did not feel that the variance was unreasonable. Commissioner Lukermann said she would move to recommend approval with a qualifying statement that the project does not meet the hardship standard but that the homeowner has sought and received the approval of everyone with a stake in the commons area. This and the existence of the commons provide mitigating circumstances. Commissioner Heideman seconded the motion. Commissioner Ryan agreed that there is not a qualifying hardship and felt that the other • nonconforming properties are not relevant. His concern is the setting of a precedent. The Commission should not feel bound by its decision tonight when it is asked to consider similar applications from other property owners. He acknowledged the special circumstances but believes we should abide by our code. If the encroachment was 10 feet or more he would deny it absolutely. Harris agreed with Ryan's concern but said she felt this variance was more justified than the last one the Commission considered. Lukermann said this was the reason for the stipulation in her motion. In response to a question from Commissioner Lageson, Mr. Miller said the commons is used almost as parkland. It is open to all, but each resident takes care of his/her own portion. There being no further discussion, the question was called. The motion passed unanimously. The Council will consider the Commission's recommendation on December 8. DISCUSSION OF STORAGE USE UNDER CITY ZONING CODE. Staff Liaison Jones introduced a Staff report on this issue by emphasizing that this agenda item is not a reconsideration of the TIES application in June but the result of interest that • was generated at the time regarding storage as a use under zoning codes in general. The Commission, TIES and members of the public had all requested more information. Staff had requested information from other cities in the metro and did some internet research and City of Falcon Heights -Planning Commission Meeting of November 23, 2004 -Page 2 of 4