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<br />City of Arden Hills <br />Planning Commission Meeting for June 4, 2014 <br /> <br />P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 <br /> <br />Page 5 of 11 <br /> <br />is lower. The proposed structure would not exceed the 15-foot height maximum for <br />accessory structures. <br /> <br />E. Structure Size – Meets Requirements <br /> <br />The Zoning Code states that accessory structures associated with residential uses shall not <br />exceed seven hundred and twenty-eight (728) square feet in floor area. Both the existing <br />structure at 484 square feet and proposed accessory structure at 624 square feet do not <br />exceed this requirement. <br /> <br />F. Tree Preservation – Meets Requirements <br /> <br />The proposed construction should not impact the trees on the property. If any trees are <br />removed as a result of the project, the applicant will be required to meet the City’s tree <br />preservation standards, and mitigation may be necessary. <br /> <br /> <br />2. Non-conforming Buildings <br /> <br />A building found to be nonconforming because of height, setbacks or lot area, may continue <br />to exist so long as it is used for the purposes permitted in the zoning district in which it is <br />located and is in conformance with Section 1350.02. <br /> <br />Nonconforming buildings shall not be expanded, but may be continued, including through <br />repair, replacement, restoration, and maintenance. <br /> <br />*Three variances are being proposed to address the nonconforming status of the accessory <br />structure. <br /> <br /> <br />3. Through-Lots – Front Yard/Rear Yard Designation <br /> <br />For properties determined to be through-lots, the Zoning Administrator may determine that <br />one of the front yards may be deemed a rear yard and shall determine appropriate rear yard <br />setback regulations. Factors to be considered shall include topography, location of structures <br />on the lot, location of structures on adjacent lots, and the type of streets or thoroughfares <br />abutting the lot. <br /> <br />In 2010, when the new single family structure was built, Fairview Avenue (western property <br />line) was deemed the rear property line and Lake Johanna Boulevard (eastern property line) <br />was deemed the front property line based on prevailing setbacks of other principle structures <br />in the immediate vicinity. This allowed for a reduction in the setback along Fairview Avenue