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Case #1: Continued - Request for a Variance to Construct a Detached Accessory Building Nearer the Front Property Line than the Principal Structure at 16151 Olivine Street NW; Case of Colin and Laura Hogue Presentation Associate Planner Gladhill presented the Staff Report. Board Business Board Member Brauer questioned if the case could be tabled until the discussion of variances comes before the City Council. Associate Planner Gladhill stated that the 60 day extension is coming to an end and a decision would need to be made at this meeting, unless the applicant approved another extension. No action by the Board tonight would mean automatic approval per State Statute. Chairperson Van Scoy stated that he was out to the property and it is his opinion that the accessory structure location could be moved to the north and a variance would not be required to give reasonable use of the property. He does not see a hardship locating it there. Board Member Rogers stated he also went out to the property and concurs with Chairperson Van Scoy that it would be difficult to prove a hardship moving the location to the north. Board Member Levine stated he was in support of this variance, however, with the Supreme Court ruling he can no longer be in support of the variance. Associate Planner Gladhill stated the City is not alone in exploring different ways to be flexible, and are certainly open to discussion. We can look at other ways to be flexible if that is the direction the Board and City Council want to go. Board Member Levine stated the ruling has taken too much control from the city to be able to work with its citizens. Board Member Rogers stated that it is a Minnesota Statute that the Supreme Court looked at and defined what you have to do to prove a hardship. Associate. Planner Gladhill stated the decision was made on June 24, 2010. He continued that the Statute goes back to 2004, what we have now is a ruling on how to interpret that Statute. This forces The City to look at other ways to be flexible. The City has zoning updates to do as part of the approved Comprehensive Plan so that is where The City will be having this discussion. The Council will be having a discussion regarding variances next Tuesday that Board Members are invited to attend. Commissioner Brauer asked where the Board was at with this application. Board of Adjustment /September 2, 2010 Page 2 of 5