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l <br /> 2 <br /> Mr. Cowan arrived at 7:57 P.M. and participated in the voting on the above <br /> motion. <br /> • , Motion carried unanimously. <br /> The Public Hearing opened at 8:01 P.M. on Mr. Ray Sopcinski 's request for <br /> a side yard variance which would permit him to build a garage on the side of <br /> his home at 2524 St. Anthony Road which would protrude 7 feet beyond the 22 ft. <br /> side yard adjacent to Edward Street. Mr. Sopcinski justified building the <br /> garage to the side rather than the back of his house by telling the Board that <br /> if he built it in the back yard he would have to elevate it far above the <br /> natural terrain because of the flooding he experiences with each downpour. He <br /> also explained that if the garage were built behind the house, it cut off the <br /> natural flow of storm water across his property which would trap the water in his <br /> yard and in that of his neighbor to the west. A garage in back would also ruin <br /> the park-like appeaance of backyards of his neighborhood. Mr. Sopcinski also <br /> mentioned the precedent set by the neighboring Hertog properties being built <br /> almost on the curbline. <br /> The Public Hearing closed at 8: 15 P.M. <br /> Mr. Robert Lohmar, 2512 St. Anthony Road, appeared to tell the Board he had no <br /> opposition to the proposal and said he knew of none from other neighbors. <br /> Although Mr. Rymarchick and Mr. Letourneau said they were concerned with the <br /> Board's setting aside standard side yard requirements they did not feel this <br /> particular case posed a real problem since the street curved around that <br /> block and there was no other house affected by their decision. <br /> Mr. Marks said that because of the water problem Mr. Sopcinski had, he felt <br /> it would result in a hardship for Mr. Sopcinski if the Board required him <br /> to do anything other than what he proposed. <br /> Motion by Mr. Hiebel , seconded by Mr. Rymarchick to recommend to the Council <br /> the Board's approval of granting a 7 foot side yard variance to allow Mr. <br /> Sopcinski to construct the garage he was requesting on Lot I and that part <br /> of Lot 2 lying east of the west 30 feet, Block 5, Clark & King Hennepin <br /> Gardens. <br /> XM7�1 <br /> on carried unanimously. <br /> Mr. Letourneau reconvened the Public Hearing on the Ernst : proposal for a <br /> Country Kitchen-office building to be erected east of the American Monarch <br /> building on 37th Avenue N.E. at 8:35 P.M. but Mr. Marks questioned whether <br /> this was a legal procedure. He said he wondered if the Public Hearing could <br /> be legally reconvened since the notice to the residents did not specifically <br /> state that a public hearing was to be reconvened but rather indicated a <br /> discussion of the revised site plan for the proposal was to be held. <br /> However, noting there were approximately 30 interested residents present, he <br /> and Mr. Cowan suggested proceeding with the discussion of the proposal as <br /> indicated in the notice. Mr. Ernst however said he was not interested in <br /> going through his presentation twice. <br /> J <br />