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ARDEN HILLS PLANNING COMMISSION – September 3, 2014 7 11. The proposed structure would encroach 16.5 feet into the required 40 foot secondary front yard setback as measured from the public use easement line along the alley, leaving a 23.5 foot setback from the easement line. 12. The proposed structure conforms to all other setback requirements for the R-2 District. 13. The proposed structure and landscaping coverages are within the zoning district requirements. 14. The proposed dwelling would not exceed 35 feet in height. 15. Detached single-family dwellings are permitted structures within the R-2 Zoning District. 16. All structures on the lot are outside of the 100-year flood plain, wetlands, and easements. Variance Findings: 17. Detached single-family dwellings are permitted and a reasonable use within the R-2 Single & Two Family Residential Zoning District. 18. The purpose of the R-2 District is to among other things reserve development areas for single-family homes and to take advantage of municipal utilities. 19. The property is unique in that the secondary street frontage along the eastern property line is on a narrow one-way alley that principally provides rear yard access to properties that also have frontage on Lake Johanna Boulevard. This is the only alley of this type currently in the City of Arden Hills. 20. The proposed building plans for the single-family dwelling would result in a structure that is consistent and compatible with other construction in the area and would not alter the essential character of the neighborhood. 21. The requested variance for the single-family dwelling does not appear to be based on economic considerations alone. Associate Planner Bachler stated that staff is supportive of the variance request in this planning case for several reasons. First, there is ambiguity in the Zoning Code on whether the corner lot designation should apply when one of the frontages is on an alley as opposed to a street. Section 1305.04 of the Zoning Code includes separate definitions for “street” and “alley”: • Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for vehicular traffic, whether designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. • Alley. A minor public or private way which is used primarily for vehicular service access to the back or side of a lot abutting on a street. Associate Planner Bachler stated that the Zoning Code does not specifically reference alleys in its definition of a corner lot and it is unclear whether the intention is for alleys to be treated as a subset of streets, or whether they have a different classification. Staff has taken the position that the alley should be treated as a street and that the property is therefore a corner lot, but it is also sensitive to the argument that an alley is distinct from a street and that the required 40 foot setback may be excessive in this case. Associate Planner Bachler indicated that the public easement along the eastern side of property that was acquired during the platting process was likely needed in order to accommodate the