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Mounds View Planning Commission May 2, 2001 Regular Meeting Page 2 ________________________________________________________________________ 3. Approval of Minutes a. April 4, 2001 MOTION/SECOND: Johnson/Kaden. To Approve the April 4, 2001, Meeting Minutes as Presented. Ayes – 8 Nays – 0 Motion carried. ______________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda There were no resident comments on items not on the agenda. ________________________________________________________________________ 5. Planning Case No. VR01-003 Community Development Director Ericson noted this was a public hearing and discussion concerning a variance request by Charles Harsch of 5148 Rainbow Lane for a setback variance to allow for a living space addition above the garage. Director Ericson explained Mr. Harsch would like build an addition totaling 660 square feet which will be two bedrooms and a bathroom with a deck off the back. Director Ericson noted the Harsch property is 91 feet wide and the house is one and a half (1 ½) stories now. He then noted that the proposed addition would be eight feet from the property line. Director Ericson indicated that for the variance to be approved the applicant needs to establish that a hardship exists and meet the seven criteria required by state law and City code. Director Ericson indicated the first criteria is that exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity. He indicated that Staff feels a conventional expansion off the back or south side of the home would result in the loss of mature oak trees. He then noted it has been the policy of the City to save mature trees whenever possible. Director Ericson indicated the second criteria is that the literal interpretation of the provisions of the code would deprive the applicant of rights commonly enjoyed by other properties in the same district. He then indicated that the Planning Commission encourages residents to expand and improve upon their properties whenever possible. He further indicated that the proposed expansion would not increase the footprint of the home and would preserve existing trees. Director Ericson indicated the third criteria is that the special conditions or circumstances do not result from the actions of the applicant. He then indicated that the presence of the trees, the insufficient setback to the south, the internal floor plan and layout of the rooms, and existing deck are not conditions for which the applicant is responsible.