8A, Planning Case #12-013 - Variance at 1185 Benton Way

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ARDEN HILLS PLANNING COMMISSION—August 8, 2012 5 General Findings 1. Although the 8,250 square foot lot was approved as part of the Hunters Park PUD, it does not meet the minimum requirements of the R-3 Zone. 2. The existing dwelling meets all property line setbacks. The existing detached garage encroaches on the front yard and southern side yard setbacks. 3. The proposed addition would reduce the combined side yard setbacks from 17.5 feet to 11.5 feet. The southern side yard setback would be reduced from 11.5 feet to 5 feet. The northern side yard setback would remain at 6 feet. A variance is required if the two side setbacks do not equal 15 feet or more. 4. The proposed addition does not encroach on the rear or front setbacks. 5. The structure coverage is proposed to increase from 18.9 percent to 27.0 percent of the lot. A variance is required to exceed 25 percent structure coverage on the lot. 6. The landscape area would be reduced from 65.1 percent to 60.7 percent of the lot. A variance is required to reduce landscape area below 65 percent. 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 Community Development Intern Matt Horton provided the staff analysis. The findings of fact for this variance request does 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