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Planning Commission Regular Meeting Minutes November 15, 1994 Page 4 • 1 Mr. Schroeder explained that he hoped to start the project in the Spring of 1995 and it would take 2 approximately 90 days to completion. 3 Chair Gondorchin closed the public hearing at 6:27 P.M. 4 Commissioner Makowske commented that the lot is a substandard lot but that even if the lot was 5 the standard 9400 square feet,the proposed home would still be larger than the allowed 30% lot 6 coverage. 7 :.Chair Gondorchin explained that the Planning Commission is bound by regulations set up by the 8 State of Minnesota. Due to the fact thai the lot is a buildable lot, the circumstances are peculiar 9 to the Schroeder's own particular situation rather than being created by the land. The regulations 10 make it difficult to grant a variance under these circumstances. 11 In response to Commissioner Makowske, City Manager Momson explained that the variance of 12 the ordinance must be centered on the property and the American of Disabilities Act(ADA)does 13 not apply. 14 In response to Thompson, the Schroeders explained they had purchased the house with the 15 understanding that they would remodel and put on an addition. They have completed as much M 16 remodeling as possible and now find that their best option would be to demolish the whole house 17 and build new. 18 Commissioner Franzese asked if any research had been done at the State level for hardship cases 19 where the extraordinary circumstances pertain to the occupant rather than to the land itself. 20 City Manager Momson reported that he had checked with the City Attorney and had been 21 informed that there was no cause under the ADA and no studies had been done by the State 22 either. 23 Motion by Commissioner Makowske, second by Bergstrom to recommend City Council not 24 grant a lot coverage variance for the property at 3929 Fordham Drive in that the hardships are not 25 sufficient to grant a variance. 26 Motion carried unanimously. 27 Chair Gondorchin urged the petitioner to attend the City Council meeting on November 22, 28 1994,to re-present the request for reconsideration. 29 Chair Gondorchin declared a recess at 6:30 P.M. 30 At 7:01 P.M., Chair Gondorchin reconvened the meeting to consider the approval of the • 31 subdivision of Apache Plaza.