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Item No: 10 D Meeting Date: January 22, 2001 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Community Development Director Item Title/Subject: Appeal of Planning Commission Denial of a Variance Request by John Wilson, 7764 Greenwood Drive. Planning Case VR00-008 Date of Report: January 17, 2001 Background: John Wilson, property owner of 7764 Greenwood Drive, requested a variance to permit a garage addition built onto the side of his garage up to the north side property line. The structure has already been constructed without a permit. The Planning Commission voted to deny the request at their meeting on December 20, 2000, citing an overall lack of hardship. Mr. Wilson is appealing the Planning Commission’s decision, but in so doing, is willing to compromise by cutting four feet from the lean-to. History: Staff became aware of the structure in May after neighbors called to complain about it. The Building Inspector visited the property and sent a letter to Mr. Wilson on June 8, indicating that a building permit had not been obtained and that the construction was in violation of Code requirements. Mr. Wilson did contact staff after receiving the letter, and he was told that he would either need to remove the garage addition or apply for a variance. After not hearing back from Mr. Wilson, staff left additional voice mail messages for him, and was finally contacted by Mr. Wilson on September 5. I followed up with a letter that same day, again indicating that a variance would be necessary to keep the structure. Attached to that letter was a planning application and a handout regarding variances. Two months later, staff had not yet received an application and once again sent a letter to Mr. Wilson, this time indicating that if an application was not received by December 1, a Ramsey County court citation would be issued in his name. Staff received the application on November 20, 2000. Discussion: The Planning Commission denied the variance request for a number of reasons, all of which relating to the criteria present in City Code and Minnesota Statutes. The Planning Commission determined that there was no hardship to permit the lean-to, which was built without a permit violating the Zoning Code setback provisions. Attached to this report is Planning Commission Resolution 645-00 for the Council’s reference. Accompanied by Mr. Wilson, staff inspected the property after the Planning