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ARDEN HILLS PLANNING COMMISSION – MARCH 6, 2013 3 <br />3.The proposed addition would encroach 24 feet into the front yard setback. Approximately <br />480 square feet of the proposed addition would encroach into the front yard setback, of this <br />96 square feet would be at-grade and visible from Skiles Lane. The area of the addition <br />outside of the setbacks does not require a variance. The proposed area of the addition <br />would be in line with the existing home, and the portion visible from Skiles Lane would <br />step back with the existing structure. <br />4.The proposed addition does not encroach on the required setback along Snelling Avenue. <br />5.The existing and proposed lot coverage meets the R-1 Zone requirements. <br />6.The existing garage does not meet the ceiling height requirements of the Building Code, <br />thus the proposed garage would bring the property into greater conformance with modern <br />building code requirements. <br />7.The dwelling with the proposed addition would not exceed the 35 foot height limit. <br />8.Dwellings and garages are permitted structures within the R-1 Zone. <br />9.The existing dwelling and the proposed garage are outside of the 100-year flood plain, <br />wetlands, and easements. <br />Variance Findings: <br />10.The proposal is in harmony with the purpose and intent of the ordinance because it utilizes <br />the topography of the parcel to minimize visual impact from the addition. <br />11.The proposal is consistent with the comprehensive plan because it allows the reasonable <br />use of residential property. <br />12.A garage and addition are permitted and reasonable uses within the R-1 Zone. <br />13.The lot is comparably unique in the City. The property is situated on the curve of Skiles <br />Lane as it intersects with Snelling Avenue, thus creating three front yard setback <br />requirements to the south, east and west sides of the lot. <br />14.The topographic conditions are unique in that there is a significant slope downward from <br />the west to the east which allows the majority of the addition to be built below grade. <br />15.Since the proposed above grade addition would not encroach any farther into the front yard <br />setback than the existing structure, the addition is unlikely to have a negative impact on the <br />property or the neighborhood. The continued encroachment would have a minimal visual <br />impact from Skiles Lane. <br />16.The addition would be visible from the rear of the property, which abuts Snelling Avenue; <br />however, the area is heavily wooded and the closest neighbor on this side is over 300 feet <br />away. <br />17.The proposed plans and setback variance for the dwelling do not appear to be based on <br />economic considerations alone. <br />City Planner Meagan Beekman stated the findings of fact for this variance request support a <br />recommendation for approval. If the Planning Commission chooses to make a recommendation <br />for denial, the Findings of Fact would need to be amended to reflect the reasons for the denial. <br />If the Planning Commission recommends approval on this variance, Staff recommends the <br />following four conditions: <br />1. The project shall be completed in accordance with the plans submitted as amended by the <br />conditions of approval. Any significant changes to these plans, as determined by the City <br />Planner, shall require review and approval by the Planning Commission. <br />2. The applicant shall obtain approval from the Rice Creed Watershed District, and a copy of <br />the RCWD permit or a waiver shall be submitted to the City prior to the issuance of any <br />building permits. <br />