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Approved <br />Commissioner Danger questioned how a new homeowner would know of any restrictions that follow a <br />property. Ms. Gundlach reported as title search would indicate any restrictions. <br />Motion by Commissioner Schiferl, seconded by Commissioner Nichols-Matkaiti to approve <br />staffs recommendation to approve the Special Use Permit with the following conditions: <br />1) The Applicant agrees not to conduct a home occupation within the garage structure. <br />2) The exterior materials are consistent with the existing detached garage structure and <br />compliment the home. <br />3) If the existing vegetative screening on the south side of the structure is removed, the <br />applicant is responsible for providing both winter and summer vegetative screening on <br />applicant's property. <br />4) The applicant submits a landscape plan prior to council consideration. <br />Approved 7-0, motion carried <br />Other Item: <br />City Planner Gundlach reported on a recent court decision regarding variances, stating there was a <br />Minnesota Supreme Court case that overruled the "reasonable use" standard cities have used to review <br />variances. This recent decision will take away much of the flexibility cities have had in granting <br />variances. Ms. Gundlach reported New Brighton grants very few variances and therefore the impact <br />may be minimal. The City Attorney is reviewing the City ordinance regarding variances, and may <br />discuss the issue with the Planning Commission in the future. Commissioner Zisla reported this <br />restriction could be more detrimental to property owners. <br />Adjournment: 7:48 PM <br />