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17. Detached single-family dwellings are permitted and a reasonable use within the R-2 <br />Single & Two Family Residential Zoning District. <br />18. The purpose of the R-2 District is to among other things reserve development areas for <br />single-family homes and to take advantage of municipal utilities. <br />19. The property is unique in that the secondary street frontage along the eastern property <br />line is on a narrow one-way alley that principally provides rear yard access to properties <br />that also have frontage on Lake Johanna Boulevard. This is the only alley of this type <br />currently in the City of Arden Hills. <br />20. The proposed building plans for the single-family dwelling would result in a structure <br />that is consistent and compatible with other construction in the area and would not alter <br />the essential character of the neighborhood. <br />21. The requested variance for the single-family dwelling does not appear to be based on <br />economic considerations alone. <br /> <br /> <br />Discussion <br /> <br />Staff is supportive of the variance request in this planning case for several reasons. First, there is <br />ambiguity in the Zoning Code on whether the corner lot designation should apply when one of <br />the frontages is on an alley as opposed to a street. Section 1305.04 of the Zoning Code includes <br />separate definitions for “street” and “alley”: <br /> <br />• Streets. A public or private way, consisting in the case of a private way of a roadway and <br />in the case of a public way of a roadway and a boulevard (the latter of which may <br />contain a sidewalk), used primarily for vehicular traffic, whether designated as a street, <br />avenue, parkway, road, lane, throughway, expressway, highway, place or however <br />otherwise designated. <br /> <br />• Alley. A minor public or private way which is used primarily for vehicular service access <br />to the back or side of a lot abutting on a street. <br /> <br />The Zoning Code does not specifically reference alleys in its definition of a corner lot and it is <br />unclear whether the intention is for alleys to be treated as a subset of streets, or whether they <br />have a different classification. Staff has taken the position that the alley should be treated as a <br />street and that the property is therefore a corner lot, but it is also sensitive to the argument that an <br />alley is distinct from a street and that the required 40 foot setback may be excessive in this case. <br /> <br />The public easement along the eastern side of property that was acquired during the platting <br />process was likely needed in order to accommodate the possible extension of Fairview Avenue <br />further south. Given how this area has developed since then, it is unlikely that a designated street <br />would be constructed where the alley is currently located. If there were a greater chance of a <br /> <br />City of Arden Hills <br />Planning Commission Meeting for September 3, 2014 <br /> <br />P:\Planning\Planning Cases\2014\PC 14-026 - Variance - 1830 Noble Road\Memos_14-026 <br /> <br />Page 7 of 9 <br />