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7. The dwelling with the proposed addition would not exceed the 35 foot height limit. 8. Dwellings are permitted structures within the R-3 Zone. 9. The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. 10. The Planning Commission and City Council approved a substantially similar proposal for the property in 2007. Variance Findings: 11. A dwelling and addition are reasonable uses within the R-3 Zone. 12. The nonconforming lot size for the R-3 Zone, which was approved as part of the PUD, and the substantial amount of shared open space that is part of the development, may present a unique situation that warrants the requested variances. There are no unique topographical conditions. 13. It is unlikely the proposed addition would have a negative impact on the property or the neighborhood. The addition will not reduce the northern side yard setback, and the southern property line is adjacent to common space that is owned by the Hunters Park Homeowner's Association. The nearest dwelling unit to the south of the subject property is approximately sixty feet away. 14. The increase lot coverage is unlikely to have a negative impact because of the shared adjacent shared green space to the south of the subject property. There is a total of seven acres of Homeowners Association common green space throughout the neighborhood. 15. The proposed plans and setback variance for the dwelling do not appear to be based on economic considerations alone. 16. The applicant has received approval from the Hunters Park Architectural and Environmental Committee for the proposed addition. Staff Analysis The findings of fact for this variance requests do not specifically support a recommendation for denial or approval. A single family home is a permitted use in the R-3 Zone, and the addition is not an unreasonable use in the R-3 Zone. The variance is unlikely to create a negative impact on the neighborhood or City because there is already a structure on the property,the proposed addition will not be significantly closer to any nearby structures, and the additional lot coverage is likely offset by the shared green space throughout Hunters Park. It does not appear that the variance is based on economic considerations alone. Additionally, the property owner has received approval from the Homeowners Association for the addition and also had prior approval from the City for a similar addition. As is often the case,the evaluation criterion that states "The plight of the landowner is due to circumstances unique to the property not created by the landowner," is the difficult evaluation criterion. The fact that the original PUD does not include specific standards for this neighborhood is somewhat unusual, and applying the R-3 regulations does make it difficult to upgrade these generally smaller homes. The relatively small lot size does make altering the City of Arden Hills Planning Commission Meeting for August 8, 2012 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2012\12-013-1185 Benton Page 6 of 8