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Not Approved PLANNING COMMISSION PROCEEDINGS Regular Meeting—August 20, 2013 7:30 p.m. Present: Chairperson Bruce Howard, Commissioners Paul Banker, Erin Nichols-Matkaiti,Mike Shardlow,Greg Meyers, and Verne McPherson Absent:Commissioner Steve Danger Also Present: Janice Gundlach-City Planner, and Mary Burg-Councilmember Agenda Review: There were no changes to the agenda. Minutes from June 18, 2013: Motion by Commissioner Nichols-Matkaiti, seconded by Commissioner Banker,to approve the June 18, 2013 meeting minutes as presented. Approved 6-0. Council Action: Councilmember Burg reported AT&T was approved to place antenna on the water tower. She discussed the Urban Farming Task Force noting 26 applications have been received. Interviews would be conducted on 10 residents, and six individuals would be selected for the task force. She explained National Night Out was a huge success again this year with 145 parties in the City. She noted the Council and staff was working on the 2014 budget at this time. Further discussion ensued regarding the New Brighton Exchange redevelopment along with the API and Pulte Homes projects. Public Hearing: (A) Frank Ulwelling requests a Nonconforming Use Permit and a Variance to permit construction of an 18' x 20' addition onto the existing home at a setback less than the required 30', including maintaining existing setbacks that are less than required,for the home located at 706 2nd Avenue NW. City Planner Janice Gundlach reported the applicant is requesting a Variance and Nonconforming Use Permit to allow construction of an 18' x 20' addition to the existing home at 706 2nd AVE NW. The home is located on a corner lot with 30' required setbacks from both street frontages. The existing home and detached garage are setback 5'-6' from 7th ST NW and 20' from 2nd Avenue NW. The applicant proposes to construct a house addition between the existing house and detached garage at the same 5'-6' setback to 7th ST NW,requiring a variance. The applicant also wishes to build a deck on the north side of the home,running the entire length of the home. This will require a variance to the 30' setback to 2nd AVE NW. The existing home and proposed deck lie at a 20' setback. Additionally, a Nonconforming Use Permit is required because the existing structures have setbacks less than the required 30' to both street frontages. Planner Gundlach indicated the applicant initially applied for a building permit to construct the addition. The applicant, who is the property owner, intends to do the work himself. During the plan review process,the applicant was advised that a variance and nonconforming use permit would be required. Planner Gundlach stated this is the first variance application the City has received since the legislature changed the rules regarding variances in 2010. No longer is it necessary to prove undue hardship,rather, one must demonstrate practical difficulties (actual State Statute was provided to Commissioners). The applicant has been advised the City has not reviewed a variance application under these criteria and thus, it was difficult to advise the applicant on the likelihood of obtaining approval for such a request. Staff reviewed the criteria for approval in detail with the Commission and recommended approval of the Variance and Nonconforming Use Permit as requested, subject to the following: 1