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Mounds View Planning Commission May 19, 1999 <br /> Regular Meeting Page 7 <br /> Mr. Leon explained that he believed his property was unique in that all the other homes in the <br /> neighborhood had a patio slab in the back which allowed for further expansion. <br /> Chair Peterson stated that he had driven by the property and had noticed the fence. He asked if it <br /> would be removed. Mr. Leon stated that his fence located in the sideyard would be removed. <br /> Commissioner Miller asked how they would address Item "c" of the criteria 'the special conditions <br /> or circumstances do not result from the actions of the applicant.' <br /> Ericson stated that they could maintain a hardship in this case based solely upon the fact that the <br /> house was situated on the lot creating a 10 foot setback for the garage. He stated that the garage <br /> required only a 5 foot setback, which would have provided the required space for expansion. He <br /> stated that the placement of the structure on the lot was not the fault of the applicant. <br /> Commissioner Miller stated that if all the criteria were met, she would support a resolution granting <br /> approval of the variance. <br /> • Chair Peterson stated that they had recently approved a 5 foot variance on a smaller home, but <br /> viewed that differently as that was for a bedroom which is considered living space. <br /> Commissioner Hegland stated that the applicant had purchased the home the way that it was. He <br /> stated, however, that home buyers are not always aware of the City's requirements regarding <br /> variances and setbacks, etc. <br /> Mr. Murlowski reiterated that the applicant assumed that since the deck was in place when he <br /> purchased the home, he could construct a porch in the same area. <br /> Chair Peterson stated that he was thankful the applicant had come before the Commission before <br /> constructing the porch. <br /> He stated that they needed to formally address the hardship issues that satisfied the criteria. He <br /> suggested staff be directed to conduct further research and submit a resolution for consideration at <br /> the next meeting scheduled for June 2, 1999. <br /> Hearing no further discussion, Chair Peterson closed the Public Hearing at 7:50 p.m. <br /> Consensus was reached to direct staff to prepare a resolution approving a variance for a reduced side- <br /> yard setback to allow for the construction of a three-season porch five feet from the side property <br /> line. <br /> • 6. Staff Reports /Items of Information <br />