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Councilmember Wise suggested changing our Code to allow bigger structures so we do not have <br />to have them go through the variance process. <br />Mr. Gladhill explained it's a conditional use — we have to give it more review. <br />Councilmember Wise stated if there is no opposition, he questioned why we would have a <br />problem issuing a variance. <br />Mr. Gladhill replied that our ability to grant a variance comes from State Statutes. <br />City Attorney Goodrich stated even though there is no opposition, we would be violating the law <br />granting the variance. <br />Mr. Gladhill added that when we are setting the rules, we have to operate on a fair playing field. <br />Councilmember McGlone stated that people who buy residential property deserve to live in a <br />residential zone and we do want to make sure people do keep things out of site. <br />Mr. Gladhill stated that we have zero setbacks in Town Center. It will be very difficult to grant a <br />variance in the COR. We want to get on top of this. We should look at our ordinances now and <br />see if there is a need. He stated we will look through major zoning and look for flexibility in <br />design. Staff would be looking for do we want flexibility built into our zoning code - in our bulk <br />standard design, the setbacks, height of structure, size of structure, etc. <br />Councilmember Elvig stated it seems the whole nature of this in Minnetonka was if it was <br />necessary or not. <br />City Administrator Ulrich clarified that what Mr. Gladhill is talking about is performance based <br />— if you do this you can do this and gave some examples. This would be spelled out in the <br />Code and would meet the criteria in the State Statute. <br />Councilmember Look asked about the lead -time as to when the legislature would be looking at <br />this. <br />Mr. Goodrich thought maybe January/February. <br />Councilmember Look commented that usually in Supreme Court decisions, the legislate takes <br />back power. <br />Mr. Goodrich stated that maybe if we cannot grant variances, we can amend our ordinance so we <br />will not have to grant them. <br />Mr. Gladhill stated we will look at building in some flexibility. <br />City Council Work Session / September 7, 2010 <br />Page 5 of 9 <br />