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r Not Approved PLANNING COMMISSION PROCEEDINGS Regular Meeting—June 18, 2013 7:00 p.m. Present: Chairperson Bruce Howard,Commissioners Paul Banker, Steve Danger,Erin Nichols-Matkaiti, Greg Meyers, and Verne McPherson Absent:Commissioner Mike Shardlow Also Present: Janice Gundlach-City Planner, and Mary Burg-Councilmember Agenda Review: There were no changes to the agenda. Minutes from May 21, 2013: Motion by Commissioner Banker,seconded by Commissioner Meyers,to approve the May 21, 2013 meeting minutes as presented. Approved 6-0. Council Action: Councilmember Burg reported the APi and Pulte developments in the New Brighton Exchange were approved by the Council at their June 11th meeting. She noted an Urban Farming Task Force was being formed. Those interested in serving on this task force should contact City staff. She explained the Council was now beginning the 2014 budget process and setting priorities for the coming year. Public Hearing: (A) Todd Martenson requests a Special Use Permit in order to construct a detached garage in excess of 624 SF and a Nonconforming Use Permit recognizing existing principal structure setback nonconformities at 703 4t1 Avenue NW. City Planner Janice Gundlach reported the applicant is requesting a Special Use Permit to allow construction of a detached garage in excess of 624 square feet. In addition, a Nonconforming Use Permit is required because the home's existing front yard setback and side street setback are less than required by code. She noted the property was zoned R-1A. The existing front yard setback is 21' and the existing side street setback is 8' when 30' is normally required. The existing detached garage also does not meet the required 30' side street setback either,but was likely constructed prior to 1982 when the side street setback requirement was only 15',thus making it conforming. The original home was constructed in 1890. The applicant will be removing an existing shed in conjunction with construction of the proposed 952 square foot garage. The proposed garage would have access off the existing alleyway from the east. Planner Gundlach explained the applicant initially applied for a building permit to construct a large addition to the existing detached garage. After advising the applicant of the accessory structure regulations of Section 4-530,the applicant revised his request and made application for a Special Use Permit. Sometime in mid-May,the applicant paved a small section of concrete driveway in the front yard. It is suspected this was for access to the previously planned garage and it is unclear if the applicant proposes to keep this driveway,being the revised plans show driveway access off the alleyway. Staff recommends approval of the Special Use Permit and Nonconforming Use Permit, subject to the following conditions: • The proposed garage is constructed in accordance with the plans submitted with the Special Use Permit and Nonconforming Use Permit applications. • The applicant shall not use the garage for a home occupation activity. 1