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ARDEN HILLS PLANNING COMMISSION – September 3, 2014 5 conditions in the September 3, 2014, report to the Planning Commission. The motion carried unanimously (6-0). Commissioner Holewa recommended that the Council consider all future Site Plan Review requests be handled at the staff level. B. Planning Case 14-026; Variance – 1830 Noble Road – Not a Public Hearing Associate Planner Bachler stated that the applicant in this case is Lee Homes, a custom builder contracted by the property owners to design and construct a new single-family dwelling at 1830 Noble Road. This project would also include the demolition of the existing structures on the property and the re-grading of the site. In the narrative submitted by the applicant, it has been noted that the existing structures are in poor condition and tests have shown that there is asbestos present throughout the home. The property is zoned R-2 Single and Two Family Residential and is generally located north of Lake Lane, south of Grant Road, east of New Brighton Road, and west of Lake Johanna Boulevard. Associate Planner Bachler reported that the subject property is considered by the Zoning Code to be a corner lot because it is situated at the intersection of Noble Road on the north and a limited-access alley off Lake Johanna Boulevard on the east. The property is unique in that the property boundary lines extend into the abutting street and alley. On the north side the property line extends approximately 16 feet into Noble Road, and on the east side the property line extends approximately 9 feet into the abutting alley. In cases where any portion of the lot extends into an abutting roadway the Zoning Code states that the lot line shall be deemed to be the street or alley line. However, the property is also subject to a public use easement that was granted to the City in 1955 when most properties along Noble Road were platted in the Elms Addition. The properties at 1830, 1832, 1834, and 1848 Noble Road were not platted as part of this subdivision, but public use easements across these properties were secured and are shown on the plat. Staff has reviewed this information with the City Attorney and has been advised that all required setbacks at 1830 Noble Road need to be taken from the public easement line and not the street or alley line. Associate Planner Bachler indicated that the existing dwelling on the property is non- conforming as it encroaches on the front yard setback along Noble Road and the secondary front yard setback along the alley. The existing home is situated approximately 32.7 feet from the easement line on the north side of the property and 19.9 feet from the easement line on the east side of the property. The applicant is proposing to construct a new single-family detached dwelling with a footprint of 1,766 square feet. The structure would include an attached three-car garage measuring 29 feet by 25 feet (approximately 725 square feet), and a main floor plan of 1,039 square feet. Associate Planner Bachler stated that as proposed, the structure would encroach approximately 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. The home would be situated approximately 31 feet from the alley line and 40 feet from the eastern property boundary line. The required 40 foot front yard setback along Noble Road would be maintained, as well as the required side and rear yard setbacks. Compared to the existing structure on the