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6.The existing garage does not meet the ceiling height requirements of the Building Code, thus the proposed garage would bring the property into greater conformance with modern building code requirements. 7.The dwelling with the proposed addition would not exceed the 35 foot height limit. 8.Dwellings and garages are permitted structures within the R-1 Zone. 9.The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. Variance Findings: 10.The proposal is in harmony with the purpose and intent of the ordinance because it utilizes the topography of the parcel to minimize visual impact from the addition. 11.The proposal is consistent with the comprehensive plan because it allows the reasonable use of residential property. 12.A garage and addition are permitted and reasonable uses within the R-1 Zone. 13.The lot is comparably unique in the City. The property is situated on the curve of Skiles Lane as it intersects with Snelling Avenue, thus creating three front yard setback requirements to the south, east, and west sides of the lot. 14.The topographic conditions are unique in that there is a significant slope downward from the west to the east which allows the majority of the addition to be built below grade. 15.Since the proposed above grade addition would not encroach any farther into the front yard setback than the existing structure, the addition is unlikely to have a negative impact on the property or the neighborhood. The continued encroachment would have a minimal visual impact from Skiles Lane. 16.The addition would be visible from the rear of the property, which abuts Snelling Avenue; however, the area is heavily wooded and the closest neighbor on this side is over 300 feet away. 17.The proposed plans and setback variance for the dwelling do not appear to be based on economic considerations alone. Recommendation The Planning Commission reviewed this application at the March 6, 2013, meeting (Attachment A), and unanimously recommends approval of Planning Case 13-001 for a variance at 1455 Skiles Lane, based on the findings of fact, submitted plans, as amended by the following 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 obtain approval from the Rice Creek Watershed District, and a copy of the RCWD permit or a waiver shall be submitted to the City prior to the issuance of any building permits. 3.The structure shall conform to all other regulations in the City Code. 4.The addition shall be the same color and use the same construction materials as the existing structure. City of Arden Hills City Council Meeting for March 25, 2013 34 Page of