CCP 04-30-2001 - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION—APRIL 4, 2001 2 Ms. Chaput stated to reiterate the issue, the setback, determined by the DNR and adopted by the City, from the ordinary high water mark of Karth Lake (934.95) was 75'. It appeared that a number of homes along Karth Lake are unable to meet this setback as they currently existed. Minnesota Rules 6120.3200 stated that lakes classified as "general development" (Karth Lake) should have a structure setback of 75' from the ordinary high water level for unsewered lots and 50' for sewered lots. The Zoning Ordinance language should be adjusted accordingly. Ms. Chaput reviewed the variance criteria, stating: A. State Requirements Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship"as: "... means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of the ordinance..." B. City Requirements Section VIII, D, 4, c and d, of the City's Zoning Ordinance state that, "Adherence to the provisions of this ordinance was required, except for special cases which arise because of the configuration of a particular parcel. The condition shall not have been created by the landowner. A variance or variances of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variance. In no case shall the granting of a variance impair the health, safety, comfort and general welfare of the public, nor will it be contrary to the intent and purpose of the Comprehensive Plan, the official map or this or any other ordinance of the City". Ms. Chaput reviewed the variance finding explaining in order to grant a variance, a physical hardship must be identified, as defined by the City and State criteria. For this application for a variance from the ordinary high water mark from Karth Lake at 1164 Amble Drive, staff can make the following findings: A. Whether the circumstances for which the variance is requested are unique to the property. There are a number of properties along Karth Lake that face the same situation as this property owner. It appears that a number of the houses on the east side of the lake are, on average, no more than fifty feet back from the ordinary high water mark (an estimation made from GIS data), not meeting the current ordinance requirements. The circumstances relating to this particular property are, therefore,not unique. B. Whether granting the variance would be in keeping with the spirit and intent of the City's Zoning Code. The City's Zoning Code states as one of its intentions as, "To promote the character of and preserve and enhance the properties and areas within the City including wetlands, ponds and marshes". The setback requirements from the OHW mark are enacted to preserve and protect