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

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ARDEN HILLS PLANNING COMMISSION—August 8, 2012 6 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 criteria that states "The plight of the landowner is due to circumstances unique to the property not created by the landowner," is the difficult evaluation criteria. 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 structure difficult under the R-3 regulations. However, there are not any unique topographical conditions related to the variance. Before making a motion for approval or denial, this specific variance evaluation criteria must be addressed for the official record. If the Planning Commission recommends approval on this variance, Staff recommends the following four conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 2. The applicant shall use best management practices (BMPs) to control erosion at all times during construction. 3. The applicant shall obtain approval or a waiver from the Rice Creek Watershed District prior to the issuance of any building permits. 4. The structure shall conform to all other regulations in the City Code. Options Community Development Intern Matt Horton reviewed the findings in this report are not specific enough to fully support approval or denial of variances one. With a motion to approve or deny the variance request, the following criteria must be addressed for the record: 1. The circumstances in this planning case are/are not unique to the property because . The above criteria must be addressed prior to making one of the following motions: 1. Recommend Approval with Conditions — Motion to recommend approval of Planning Case 12-013 for three variances 1185 Benton Way based on the findings of fact, the submitted plans and the four conditions in the August 8, 2012, planning case report. 2. Recommend Approval as Submitted —Motion to recommend approval of Planning Case 12-013 for three variances 1185 Benton Way based on the findings of fact, the submitted plans, and the four conditions in the August 8, 2012,planning case report. 3. Recommend Denial — Motion to recommend denial of Planning Case 12-013 for three variances at 1185 Benton Way based on the following findings of fact . . . . . .