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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 7 of 11 <br /> <br /> <br />Therefore, in evaluating variance requests under the new law, in order to find a practical <br />difficulty, cities should adopt findings addressing the following questions: <br />• Is the variance in harmony with the purposes and intent of the ordinance? <br />• Is the variance consistent with the comprehensive plan? <br />• Does the proposal put property to use in a reasonable manner? <br />• Are there unique circumstances to the property not created by the landowner? <br />• Will the variance, if granted, alter the essential character of the locality? <br /> <br />As was the case before the new legislation took effect, economic considerations alone cannot <br />constitute a practical difficulty. Furthermore, the new law clarifies that conditions may be <br />imposed on granting of variances if those conditions are directly related to and bear a rough <br />proportionality to the impact created by the variance. <br /> <br /> <br />Findings of Fact <br /> <br />Staff offers the following twenty (20) findings of fact for review: <br /> <br />General Findings <br /> <br />1. The property is in the R-2 Single & Two Family Residential Zoning District. <br />2. The lot is 15,241 square feet in size with approximate dimensions of 100 feet in width, <br />and 165 feet in depth. <br />3. The existing accessory structure is a nonconforming structure within the R-2 Zoning <br />District because of its existing setbacks to the south and west property lines. <br />4. Because the existing accessory structure is positioned at an angle relative to the west <br />property line, the structure encroaches between twenty-four (24) feet six (6) inches and <br />twenty-nine (29) feet four (4) inches into the thirty (30) foot setback along the west <br />property line, leaving a setback of five (5) feet six (6) inches at its furthest point and eight <br />(8) inches between the structure and the west property line at its closest point. <br />5. The existing accessory structure encroaches three (3) feet eleven (11) inches into the ten <br />(10) foot setback along the south property line, leaving a setback of six (6) feet one (1) <br />inch between the structure and the south property line. <br />6. The existing accessory structure does not encroach into the north or west property line <br />setbacks. <br />7. The proposed accessory structure encroaches twenty-nine (29) feet four (4) inches into <br />the thirty (30) foot setback along the entire length of the structure. <br />8. The proposed accessory structure encroaches an additional two (2) feet into the south <br />property line setback.