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City of Arden Hills Planning Commission Meeting for November 5, 2014 P:\Planning\Planning Cases\2014\PC 14-028 - Variance - Transwestern 3728 Dunlap Street North\Memos_Reports_14-028 Page 6 of 9 familiar three-factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. Also included is a sentence new to city variance authority that was already in the county statutes: “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan”. Therefore, in evaluating variance requests under the new law, in order to find a practical difficulty, cities should adopt findings addressing the following questions: • Is the variance in harmony with the purposes and intent of the ordinance? • Is the variance consistent with the comprehensive plan? • Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? As was the case before the new legislation took effect, economic considerations alone cannot constitute a practical difficulty. Furthermore, the new law clarifies that conditions may be imposed on granting of variances if those conditions are directly related to and bear a rough proportionality to the impact created by the variance. Findings of Fact Staff offers the following seventeen (17) findings of fact for review: General Findings 1. That the property is located in the B-4 Retail Center Zoning District. 2. That the lot is 116,244 square feet in size with approximate dimensions of 270 feet in width, and 430 feet in depth. 3. That the property consists of a principal building 44,590 square feet in size. 4. That the property has access off of both Dunlap Street North and Grey Fox Road. 5. That the Zoning Code requires that 45 parking spaces for this use. 6. That the parking lot currently contains 53 parking spaces. 7. That the new parking area will consist of 20 new parking spaces. These spaces will be utilized by the tenant located at 1160 Grey Fox Road. 8. That after completion of the parking lot expansion project the property will contain 73 parking spaces. 9. That the new parking area will have access from the adjoining parking area to the east with access from Grey Fox Road. 10. That a variance is being requested to reduce the amount of landscaping coverage from 15.75% to 10.98% and to increase the impervious coverage from 84.25% to 89.02%.