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Planning Commission Regular Meeting Minutes April 16, 1996 Page 2 1 Motion carried unanimously. 2 V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE. 3 4 Commissioner Gondorchin was appointed as the Planning Commission representative for the 5 Tuesday, April 23, 1996, City Councitmeeting. 6 VI. PUBLIC HEARING. 8 Variance Request - The Village Commons, Nedegaard Construction 9 Chair Bergstrom opened the public hearing at 7:07 p.m. Ms. Kim Moore-Sykes, 10 Management Assistant, made the following report to the Commission: 11 12 Bruce Nedegaard, President of Nedegaard Custom Homes, notified staff that the surveyor 13 had made an error and as a result determined that the hearth rooms of the twin home units 14 on Lots 8 and 10 could not be built because each unit extended nine feet into the rear yard 15 setbacks of the lots. In a letter submitted to Staff, Mr.Nedegaard explained that without the 16 hearth rooms for these units,he will be unable to sell them. The hearth rooms were designed 1 as additional living space with a fireplace and built in cabinetry. These features cannot be 18 incorporated into the floor plan without the inclusion of the hearth room. 19 The ordinance states that the rear setbacks for twin homes is to be 25 feet from the property 20 line. If the hearth rooms are built, they will be 16 feet from the property line. Lot 8 is 21 situated directly south of the Evergreen Townhomes complex and Lot 10 is southeast of the 22 Reid property. 23 Staff supports a recommendation of approval by the Planning Commission of the nine foot 24 variance requests for Lots 8 and 10. The Minnesota Statutes require that requests for 25 variances meet the following "undue hardship" criteria: 26 1. The property cannot be put to reasonable use. Mr. Nedegaard has stated in his letter 27 that if the request for the variances is denied, he will not be able to sell the units. 28 Since the replatting of the lots was approved based on a survey showing proper lot 29 lines and twin home footprints within setbacks, denial of the variance requests would 30 not allow the property to be put to its intended or reasonable use. 31 2. Circumstances causing the hardship were not created by the owner. Because the 32 request for the nine foot variances is based on an error apparently made by their 33 surveyor,the circumstances causing this situation were not created by Mr.Nedegaard.