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ARDEN HILLS CITY COUNCIL – SEPTEMBER 29, 2014 11 Councilmember Holmes suggested language be added to condition #5, stating that this provision may be delayed by five years if the City Attorney, City staff, and the applicant agree to the condition of the delay. Mayor Grant and Councilmember Holden supported this language. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve Planning Case #14-025 for a site plan review in order to construct a twenty-four (24) foot by thirty (30) foot detached accessory structure in front of the single family dwelling at 3657 Snelling Avenue North, based on the findings of fact and the submitted plans, and amended by the eight (8) conditions in the September 29, 2014, report to the City Council, with the provision as stated above. The motion carried (5-0). D. Planning Case 14-026 Variance – 1830 Noble Road 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 include the demolition of the existing structures on the property and the grading of the site. The applicant has indicated that the existing structures are in poor and dilapidated condition. Associate Planner Bachler explained that the subject property is considered to be a corner lot because it is situated at the intersection of Noble Road on the north and a limited-access alley off of Lake Johanna Boulevard on the east. A corner lot is defined in the Zoning Code as, “a lot situated at and abutting on the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees.” Corner lots are required to maintain front yard setback requirements for each street frontage. Associate Planner Bachler reported that the property is unique because the property boundary lines extend into the abutting street and alley: the north property line extends approximately 16 feet into Noble Road and the east 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 defines the lot line as the street or alley line. However, this property is also subject to a public use easement granted to the City in 1955 when the neighborhood was 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 required setback for the principal and secondary front yard is 40 feet.