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City of Arden Hills Planning Commission Meeting for July 9, 2014 P:\Planning\Planning Cases\2014\PC 14-017 - Variance 3441 Lake Johanna Boulevard\Memo_Reports_14-017 Page 6 of 12 2. Non-conforming Buildings A building found to be nonconforming because of height, setbacks or lot area, may continue to exist so long as it is used for the purposes permitted in the zoning district in which it is located and is in conformance with Section 1350.02. Nonconforming buildings shall not be expanded, but may be continued, including through repair, replacement, restoration, and maintenance. *Two variances are being proposed to address the nonconforming status of the accessory structure. 3. Through-Lots – Front Yard/Rear Yard Designation For properties determined to be through-lots, the Zoning Administrator may determine that one of the front yards may be deemed a rear yard and shall determine appropriate rear yard setback regulations. Factors to be considered shall include topography, location of structures on the lot, location of structures on adjacent lots, and the type of streets or thoroughfares abutting the lot. In 2010, when the new single family structure was built, Fairview Avenue (western property line) was deemed the rear property line and Lake Johanna Boulevard (eastern property line) was deemed the front property line based on prevailing setbacks of other principal structures in the immediate vicinity. This allowed for a reduction in the setback along Fairview Avenue from forty (40) feet to thirty (30) feet based on the through-lot criteria stated in the Zoning Code. The rear yard designation along Fairview Avenue was appropriate when used for the placement of the principal structure on this lot. However, the same designation allowing ten (10) foot setbacks for the placement of an accessory structure along the west and south property lines is not currently supported by staff in this case, as there are no similar prevailing setbacks for accessory structures on similar lots in the immediate vicinity. Staff has reviewed the through-lot criteria and has determined that a rear yard setback of thirty (30) feet from Fairview Avenue and a ten (10) foot side yard setback from the southern property line are appropriate for accessory structures located within the rear yard. The thirty (30) foot setback designation has been based on the current setback of the principal structure and the location of other principal and accessory structures on adjacent lots in the immediate vicinity.