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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 6 of 11 <br /> <br />from forty (40) feet to thirty (30) feet based on the through-lot criteria stated in the Zoning <br />Code. <br /> <br />The rear yard designation along Fairview Avenue was appropriate when used for the <br />placement of the principle structure on this lot. However, the same designation allowing ten <br />(10) foot setbacks for the placement of an accessory structure along the west and south <br />property lines is not currently supported by staff in this case, as there are no similar <br />prevailing setbacks for accessory structures on similar lots in the immediate vicinity. Staff <br />has reviewed the through-lot criteria and has determined that a rear yard setback of thirty <br />(30) feet from Fairview Avenue and a ten (10) foot side yard setback from the southern <br />property line are appropriate for accessory structures located within the rear yard. The thirty <br />(30) foot setback designation has been based on the current setback of the principle structure <br />and the location of other principle and accessory structures on adjacent lots in the immediate <br />vicinity. <br /> <br /> <br />4. Flood Plain, Wetlands, and Easements <br /> <br />The proposed addition is outside of any flood plains, wetlands, or easements. <br /> <br /> <br />5. Additional Review <br /> <br />a. The Rice Creek Watershed District reviewed the plans for this request and determined <br />that a RCWD Permit would not be required for the proposed project at 3441 Lake <br />Johanna Boulevard. <br />b. The Building Official reviewed the plans for the project and had no additional <br />comments. <br />c. The City Engineer reviewed the proposal and stated that a Grading and Erosion <br />Control Permit is needed for this project. <br /> <br /> <br />Variance Evaluation Criteria <br /> <br />On May 5, 2011, the Governor signed into law new variance legislation that changed the review <br />criteria City’s must use when evaluating variance requests. The new law renames the municipal <br />variance standard from “undue hardship” to “practical difficulties,” but otherwise retains the <br />familiar three-factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. Also <br />included is a sentence new to city variance authority that was already in the county statutes: <br />“Variances shall only be permitted when they are in harmony with the general purposes and <br />intent of the ordinance and when the terms of the variance are consistent with the comprehensive <br />plan”.