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• Mounds View planning Commission March 4, 1998 Regular Meeting Page 2 4. Planning Case No. 513-98 8265 Spring Lake Road Applicant: Preferred Builders, Inc. Consideration of Resolution No. 532-98, Approving a 7-foot Variance to the Required 30-foot Front-Yard Setback. The applicant, Preferred Builders, Inc., was present. Inspector Dorgan referred to the February 27, 1998 Planning Commission Memo which reminded the Commission Members that on February 18, 1998, the Commission tabled the Variance Request by Preferred Builders in order to allow the staff to get an opinion from the City Attorney in regards to language that was contained in the purchase agreement that Preferred Builders had with the EDA for the proposed property. Staff asked the City Attorney the following question: Is the City obligated to provide a • variance for the Developer to build the Minimum Improvements it desires to construct? The City Attorney responded: "The basic answer is no, since the EDA cannot generally obligate the City to grant a variance." "Likewise, pursuant to the Agreement, if a variance is necessary, it is the Developer's obligation to obtain all necessary permits, etc. for the construction of the Minimum Improvements. If the Developer can show some type of hardship (whatever that may be), a variance may then be applied for at the request of the Developer, but the Agreement itself does not require the granting of a variance. Such request would be independent of the Agreement and, pursuant to City Code, the burden of sustaining such request would be that of the Developer." Chairperson Peterson returned the floor to the Commission for questions and comments. Commissioner Stevenson asked if the proposed plan had been reworked to allow for the alternate four-foot variance as had been proposed at the Planning Commission Special Meeting held February 18, 1998. Darryl Westerlund, representing Preferred Builders, responded by saying the original garage width of 32' could be down sized to 28', with all of the width reduction coming out of the large garage door opening. He added the depth of the garage and the body of • the house would remain the same.