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Mounds View Planning Commission December 6, 2006 Regular Meeting Page 6 ________________________________________________________________________ allow him to save the large red oak tree located behind the garage. She reported that the location of the tree prohibits the garage from being able to expand the entire width towards the rear. She stated the garage roofline would blend in with the existing lines that slope to the front and back yards allowing water runoff to not run towards a neighboring house. She reported the closest neighboring house is 22 feet from the property line. Planning Associate Heller explained for a variance to be approved the applicant must meet the seven criteria. She explained the applicant is applying for a variance because he wants to save the oak tree that has been there for many years. Planning Associate Heller stated the literal interpretation of the provisions in the Zoning Code would not deprive the applicant of rights enjoyed by other properties. She explained the placement of the tree in the back yard makes it impossible to expand the garage towards the rear of the property. Planning Associate Heller reported the tree is over 30 years old and was there before the home was built. She stated granting the variance would not give the applicant any special privileges denied to owners of other lands, structures, or buildings in the same district. She stated it would not confer upon the applicant a special privilege in that every property owner has the right to apply for a variance to improve the function and livability of their property. Planning Associate Heller stated setback issues are the most common variance requests. Planning Associate Heller stated the variance requested is the minimum variance that would alleviate the hardship. She indicated the applicant is requesting a three-foot variance, which is the minimum amount Mr. Busch feels is necessary for the proposed garage expansion. Chair Stevenson asked why the applicant needs a 1,124 square-foot garage. Mr. Gregory Busch, 8410 Knollwood, replied he has a large boat to store in the garage. Commissioner Miller pointed out the structural drawing indicates doors to the rear of the garage. Mr. Busch replied the doors would be used to drive the lawnmower out to the backyard. Commissioner Miller asked if the appearance would conform to the house. Chair Stevenson replied this was addressed and it would conform. Planning Associate Heller replied it would look like a typical garage. She reported granting the variance to allow the garage to encroach three feet into the side setback would not be materially detrimental to the purpose and intent of the Zoning Code given that the applicant would like to save a large healthy tree. Planning Associate Heller mentioned the City is currently working on a tree ordinance to prevent trees from being cut down.