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VarianceEvaluation Criteria On May 5, 2011, the Governor signed into law new variance legislation that changed the review criteria cities 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 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 unique circumstancesto 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 thoseconditions are directly related to and bear a rough proportionality to the impact created by the variance. Discussion The existing detached garage is considered a non-conforming structure because of its location within the 40 foot front yard setback and its height based on the vertical distance from grade plane to the average height of the highest roof surface. As indicated on the survey (Attachment B) the structure is approximately fifteen (15) inches from the west property line. The proposed overhang will encroach no further into the setback than the existing structure on the property. A variance is being requested to encroach into the front yard setback in order to construct the four (4) foot stairway overhangalong the northern side of the structure. The existing accessory structure is twenty-two (22) feet by twenty-two (22)feet, an area of 484 square feet. The structure has one (1) foot overhangs on all sides making the area of the roof twenty-four (24)feet by twenty-four (24) feet or an area of 576 square feet. The proposed construction of this structure would not increase its footprint; however, the roof would increase in size dueto the addition of the overhang over the stairway. The roof as proposed would be approximately twenty-seven (27) feet by twenty-four (24) feet, an increase of 72 square feet. A variance is being requested to change the design of the roof in order to incorporate the overhang and slated wooden screen. City of Arden Hills Planning Commission Meeting for December 4, 2013 P:\Planning\Planning Cases\2013\PC 13-020 -Variance_3324 Lake Johanna BLVD\Memos_Reports_13-020 Page 5of 8