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Planning Commission Regular Meeting Minutes October 15, 1996 Page 7 1 Commissioner Franzese expressed concern that Hennepin County may choose to exert it's 66 foot 2 easement as Ramsey County has done in the past. 3 Commissioner Gondorchin noted that the structure would be no closer to the road than it 4 currently is. It would only be extended. He stated this was a distinguishable characteristic of the . 5 situation. 6 Commissioner Franzese stated she was concerned with the issue that the City is allowing 7 enhancement of a structure in a non-conforming area. She questioned if the City was taking on 8 any legal issues. 9 Mornson stated he did not believe the City would be taking on any legal issues. The addition will 10 be aligned with the existing structure. I 1 Commissioner Franzese stated she had spoken with Hennepin County and they own,66 feet of 12 Silver Lake Road, 33 feet on either side of the center line. 13 Commissioner Horst stated he did not see this as a problem. He felt it would be wrong to 14 disallow this variance as this is the setback of the existing home and the same depth as many of 05 the adjacent homes. 16 Commissioner Gondorchin noted another distinguishing characteristic of this situation is that it is 17 a corner lot. 18 Motion by Makowske, seconded by Horst,to recommend approval of a 15 foot side yard setback 19 variance in order to construct an addition to an existing porch for Assaad Hark,2914-36th 20 Avenue N.E. provided that the applicants complete the construction within twelve months as 21 stipulated in the City Zoning Ordinance and as it meets the variance criteria as follows: 22 1. The applicant has demonstrated hardships that make it difficult to improve their property 23 without a variance. 24 2. This proposal is in the spirit of improving lots in the City of St. Anthony. 25 3. The addition will be in alignment,with the existing structure and,will blend with the 26 existing structures. 27 4. The property is unique as it is a corner lot which limits the buildable area. 29 5. The codification of the City's Zoning Ordinance caused the problem on the lot. 29 6. The property has the principled residential structure already located in the side yard 30 setback prior to this addition. 31 7. No opposition was voiced by the neighbors. 32 Vote on the motion: Bergstrom, Gondorchin,Horst,Makowske, and Thompson voted aye. 33 CommLas over Franzese voted nay. 34 Motion carried.