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• Does the proposal put property to use in a reasonable manner? <br />• Are there unique circumstances to the property not created by the landowner? <br />• Will the variance, if granted, alter the essential character of the locality? <br />As was the case before the new legislation took effect, economic considerations alone cannot <br />constitute a practical difficulty. Furthermore, the new law clarifies that conditions may be <br />imposed on granting of variances if those conditions are directly related to and bear a rough <br />proportionality to the impact created by the variance. <br />Findings of Fact <br />Staff offers the following fourteen findings of fact for review: <br />General Findings <br />1. <br />2. The lot size meets the requirements of the R -1 Zoning District. <br />3. The lot meets the width and depth requirements for the R -1 Zoning District. <br />4. The property is a corner lot. <br />5. The applicant is proposing a 408 square foot addition to the rear of the home, which <br />would encroach 10 feet into the 40 -foot required side yard setback for corner lots. <br />6. The proposed addition meets all other zoning and setback requirements for principal <br />structures in the R -1 Zoning District. <br />7. The proposed addition is outside of the 100 -year flood plain, wetlands, and easements. <br />8. Tree removal for the proposed garage would not require any mitigation under the Tree <br />Preservation Ordinance. <br />Variance Findings: <br />9. The variance would be in harmony with the purpose and intent of the City's ordinance <br />because the request minimizes the impact of the addition by maintaining the homes <br />existing setbacks. <br />10. The variance would be consistent with the City's Comprehensive Plan because it meets <br />the City's housing goal of encouraging redevelopment that is complimentary to and <br />enhances the character of the City's established neighborhoods. <br />11. The variance request would put the property to use in a reasonable manner because <br />single - family homes are a reasonable use in the R -1 District, and the addition would <br />maintain the home's existing setbacks. <br />12. The property is unique in the City because it is a corner lot, and the home was <br />conforming when it was constructed. The practical difficulty was not created by the <br />landowner, but rather the City when the Zoning Code was amended to require a 40 -foot <br />setback on corner lots. Had the Zoning Code not been amended by the City, the proposal <br />would not require a variance. <br />13. The proposal will not alter the essential character of the neighborhood because it is a <br />small addition, which would maintain the existing home's setbacks. <br />City of Arden Hills <br />Planning Commission Meeting for July 6, 2011 <br />I I Metro -inet. us l ardenhills IPlanningl Planning Cases 12011 111 -014 -1145 Amble Drive - Variance - (Pending)I07-06-11 - PC Reportdoc <br />Page 4 of 6 <br />