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Mounds View Planning Commission June 2, 1999 • Regular Meeting Page 2 MOTION/SECOND: Miller/Kaden to approve the May 5, 1999 meeting minutes as submitted. Ayes— 9 Nays— 0 The motion carried. 5. Planning Case No. 553-99 Property Involved: 7386 Parkview Terrace Consideration of a variance request for a reduced side yard setback for a three-season porch Applicant: Mike& Sandy Leon The applicant was present. Planning Associate Ericson gave the staff report as follows: The applicants,Mike and Sandy Leon, are requesting a variance from the required ten-foot side yard • setback established for principal buildings and living space therein. They would like to replace an existing 10 x 12 square-foot deck with a three-season living space addition of the same size in the same location. The deck, which has existed since the construction of the house, is five feet from the north side of the property. The subject property is located in the Silver Lake Woods single family home development at the northeast corner of County Road H2 and Silver Lake Road, and is only 9,150 square feet in area. This request was first heard at the May 19, 1999 Commission meeting, and after much discussion, staff was directed to explore in greater detail possible language addressing each of the standard criteria for granting a variance. Ericson noted the seven criteria established for consideration of a variance which proves a hardship, stating that a variance may only be granted in those cases where the Code imposes undue hardship or practical difficulties associated with the property which makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. Ericson stated that it appeared to staff that in this case a hardship does exist, and recommended that, if the Planning Commission concurred, a variance could be granted to allow the applicants to construct a living space addition five feet from the north property line. He stated that based upon the discussion at the last Commission meeting, staff had drafted language that related to the criteria in Resolution 579-99, a resolution which approves the Leons' variance request. He stated that he had received correspondence from adjacent property owners who indicated their support for the project. He noted that the date of adoption of the Resolution, listed on Page 3, should be amended to the present date.