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1 Planning Commission <br /> 2 May 17, 1994 • <br /> 3 Page 4 <br /> 4 <br /> 5 variance request. Makowske stated that the Commission should first deal with the height issue. If <br /> 6 the height issue fails, it then becomes an issue of changing yard designations. <br /> 7 <br /> 8 Chair Gondorchin stated that no letters against the fence have been received. Commissioner <br /> 9 Franzese stated that if the front of the house is interpreted to be facing Coolidge for setback <br /> 10 purposes, no variance would be needed for the height of the proposed fence. <br /> 11 <br /> 12 Motion by Franzese, seconded by Horst to recommend the City Council designate the side yard as <br /> 13 the backyard for the purpose of the fence height for Paul and Sue Johnson, 2800-36th Avenue N.E.. <br /> 14 <br /> 15 Commissioner Faust wondered how people can be told this is logical. Chair Gondorchin stated there <br /> 16 is no legal or logical reason to support the motion. Commissioner Franzese requested to include the <br /> 17 following in the motion: the topography of the current back yard prevents usage as the house is <br /> 18 currently sited. This would relieve an undue hardship caused via City Ordinance. <br /> 19 <br /> 20 Chair Gondorchin reviewed the motion: to recommend Council approval of Coolidge as the front <br /> 21 - yard,which makes the height variance a moot point. The Commission is also asking that the City <br /> 22 re-examine codes and past presidence regarding interpretation of side .yards and front yards. <br /> 23 Furthermore, the topography has made the backyard of limited use and has created an undue <br /> 24 hardship. <br /> 25 <br /> 26 Hamer stated that the current house is a nonconforming use- it is not in step with today's rules and <br /> 27 regulations. The nonconforming use will exist as long as the house is there. If the house were to be <br /> 28 damaged, removed, rehabilitated, etc., that nonconforming use would be addressed at that time. <br /> 29 <br /> 30 Commissioner Thompson asked how long the Johnsons had owned the property. Mr.Johnson stated <br /> 31 that they owned it for 14 months. <br /> 32 <br /> 33 Commissioner Franzese asked to add nonconforming use with an abnormal lot size to her motion. <br /> 34 Chair Gondorchin stated that the motion had been made and seconded. Commissioner Horst <br /> 35 withdrew his second to the motion. Chair Gondorchin requested a second to the motion. None was <br /> 36 received. <br /> 37 <br /> 38 The motion failed due to lack of a second. <br /> 39 <br /> 40 Commissioner Bergstrom stated that he has no problem in the areas of aesthetics and safety if the <br /> 41 fence is 6 feet in height. However, in keeping with the mission of the Commission, he cannot <br /> 42 recommend the variance. Chair Gondorchin asked for a recommendation from the Commission. <br /> 43 <br /> 44 Motion by Faust, seconded by Bergstrom to recommend the Council deny the request for a fence <br /> 45 variance from Paul Johnson,2800- 36th Avenue N.E.because the three conditions in the Minnesota <br />