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Mounds View Planning Commission April 7, 1999 • Regular Meeting Page 9 front setback of her property, which is located at 7805 Gloria Circle. This lot is one of the few lots in the City which border Spring Lake, the City's only natural lake. The Zoning Code prohibits the construction of a garage or any accessory building in the front yard of a residential property. The front yard, as is defined by the Code, is that area between the front line of the principal structure (house) and the front property line. Ericson advised it is proposed to turn the existing attached single family garage into living space. However, if the Code requirements were followed to a"T," it would place the garage between the house and lake. He explained that because homes on lake lots are typically oriented toward the lake, many communities offer a provision for allowing a garage between the home and the street, as it would be undesirable to construct the garage between the house and the lake. There are six lots in the City where this becomes an issue, and 7805 Gloria Circle is one of those lots. He reviewed his analysis of other city's codes and the seven criteria established for consideration of a variance, noting a variance may only be granted in those cases where the Code imposes undue hardship or practical difficulties to the property owner. Ericson indicated staff believes that a case can be made for the existence of a hardship with regard to the applicant's request. However, because it is not clear that all of the criteria can be met, the undue hardship requirement • may not be satisfied. Ericson noted the water feature is important to this property. Ericson referred to a recent Code Amendment passed by Roseville which allows garages and other accessory structures in"front yards" of lake lots. Ericson went on to explain that there are provisions in the Mounds View Code to permit building expansion and location of accessory buildings within the buffer area. The intent is that this area should remain in an undeveloped state to protect and preserve the impacted water feature. In situations where the Code does not anticipate a given situation or cannot be applied to a specific property for reasons of undue hardship or through practical difficulties, there are two courses of action to remedy the situation: the property owner can request a variance or request an amendment to the City Code. Ericson advised that amending the Code would be done only in the event that a mistake was made in the Code's original construction, discovery of a situation or condition which was not originally anticipated, or because changing community standards over time warrant such a change. Because there are only six properties in the City to which this condition would apply, amending the Code would not be appropriate. Chair Peterson opened the public hearing at 7:56 p.m. Dorothee Dietrich, 7805 Gloria Circle, applicant, advised that the impervious blacktop area of about 50 feet by 25 feet will be removed and the garage built in that location, resulting in less impervious surface than currently exists. Commissioner Stevenson asked if the actual garage placement will be considered. Ericson stated when the building permit is considered, if the variance is approved, staff will assure the garage placement meets the stated requirements including the setback distances of a Single Family