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H.To implement the Plan known as the "Guiding Plan for the B2 District," which was adopted by the City Council on October 27, 2008. VarianceEvaluation Criteria On May 5, 2011, the Governor signed into law new variance legislation that changed the review criteria citiesmust 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 withthe 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 withthe purposes and intent of the ordinance? Is the variance consistent withthe comprehensive plan? Does the proposal put property to use in a reasonable manner? Are there uniquecircumstancesto the property not created by the landowner? Will the variance, if granted, alter the essential characterof 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 Staff offers the following tenfindings of factfor review: General Findings 1.The lot size meets the requirements of the B-2 Zoning District 2.The lot meets the width and depth requirements for the B-2 Zoning District. 3.The existing parking lot contains eighty-four (84) parking spaces. 4.The applicant leases forty-four (44) parking spaces from adjacent property owners. 5.The proposed expansion would add sixteen (16) additional parking spaces. 6.The proposed expansion wouldfurther decrease the amount of landscaped area on the lot from thirteen percent (13%) to twelve percent (12%). 7.The proposed expansion would add additional parking to the side yard. 8.The proposed expansion would add additional parking within five (5) feet of an existing property line. City of Arden Hills Planning Commission Meeting for September 4, 2013 P:\Planning\Planning Cases\2013\PC 13-015 -Staples Parking Variance Page 5of 8