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<br />City of Arden Hills <br />Planning Commission Meeting for July 9, 2014 <br /> <br />P:\Planning\Planning Cases\2014\PC 14-020 - Variance - 3200 Lake Lane\Memo_Reports_14-020 <br /> <br />Page 6 of 10 <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. Flood Plain, Wetlands, and Easements <br /> <br />The proposed addition is outside of any flood plains, wetlands, or easements. <br /> <br /> <br />4. 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 3200 Lake <br />Lane. <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”. <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: