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

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percent; however, the proposed addition would result in 27 percent lot coverage by structure. Thirdly, the landscaped lot area is required to be a minimum of 65 percent where the proposed addition would leave only 61 percent. The applicant has submitted a letter addressing the variance criteria an aerial of the property with the addition drawn in, and elevations of the proposed addition(Attachment Q. Since the Planning Commission meeting,the applicant has also submitted a simplified plan (Attachment B) that eliminates their past proposal on the drawing and makes the plan easier to understand. While the plan has been simplified, the proposal itself has not changed since the Planning Commission's review. Variance Evaluation Criteria On May 5, 2011, the Governor signed into law new variance legislation that changed the review criteria City's must use when evaluating variance requests. The new law renames the municipal variance standard from "undue hardship" to "practical difficulties," but otherwise retains the familiar three-factor test of(1) reasonableness, (2) uniqueness, and (3) essential character. Also included is a sentence new to city variance authority that was already in the county statutes: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan." Therefore, in evaluating variance requests under the new law, in order to find a practical difficulty, cities should adopt findings addressing the following questions: • Is the variance in harmony with the purposes and intent of the ordinance? • Is the variance consistent with the comprehensive plan? • Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? As was the case before the new legislation took effect, economic considerations alone cannot constitute a practical difficulty. Furthermore, the new law clarifies that conditions may be imposed on granting of variances if those conditions are directly related to and bear a rough proportionality to the impact created by the variance. Findings of Fact The Planning Commission offers the following sixteen findings of fact for review: General Findings City of Arden Hills City Council Meeting for August 27, 2012 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2012\12-013-1185 Benton Page 2 of 4