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have to go through in order to keep us out of litigation. Planner Dillerud will <br />advise the Planning Commission of Council action. <br />B.Zoning Variance Appeal Hearing: Thomas Wiener/Cardinal <br />Homebuilders <br />Thomas Wiener/Cardinal Homebuilder has appealed the denial decision of <br />the Planning Commission. The notice of the hearing on the appeal before <br />the Board of Adjustments and Appeals has been provided. <br />Attorney Filla explained the Open Space Development Ordinance "buffer" <br />requirements that specify a 100 foot minimum structure setback to <br />peripheral plat property lines where topography and/or vegetation provide <br />appropriate screening; and, 200 feet where no such screening does not exist. <br />The footings, lower level and capping of the house were complete at the <br />time the developer discovered the error. He explained that Cardinal <br />Homebuilders applied for, and the City issued a building permit that resulted <br />in a 29-foot setback where a 100-foot buffer should have been required. <br />Council member Siedow stated the other homes in this development had <br />different setbacks so he could understand how the mistake was made. The <br />homebuilder did bring the problem forward. The abutting property owner, <br />Mr. Forletti, is satisfied with planting additional trees. <br />Tom Wiener, Cardinal Homes, apologized for being in front of the Council <br />with this variance request. He had met with the Tjosvolds to discuss the best <br />location for the house. Tim Freeman drew up the survey, and the City <br />approved the building permit application. A problem was brought up on <br />possible wrong setbacks with their houses in the project. The builder found <br />the problem with the setback on the west side, and the builder brought this <br />mistake to the attention of the City. Cardinal Home Builders have worked <br />out a plan with Mr. Forletti to plant three rows of trees to buffer the lot to <br />keep their privacy. <br />M/S/P Armstrong/Dunn — to approve the zoning variance request by Thomas <br />Wiener/Cardinal Homebuilders based on the following reasons: 1. The <br />project is too advanced to request removal, 2. The developer, Cardinal <br />Homes, brought forward the sideyard setback mistake, 3. The City failed to <br />catch the error, 4. Planting of trees is a small remedial action compared to <br />moving the house, and 5. This was an honest mistake. <br />LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 6 <br />