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homes in the Fox Ridge subdivision as well as those on Keithson Drive to the north of the <br /> subject property are setback approximately 40 feet from the front property line. <br /> Overview of Request <br /> The applicants have requested a rear yard setback variance in order to construct a 216 square foot <br /> three-season porch addition on the rear side of the house. The porch addition would encroach 3 <br /> feet—6 inches into the required 30-foot rear yard setback, creating a setback of 26 feet—6 inches <br /> from the rear property line. The project would also include a 211 square foot deck that would be <br /> accessed through the new porch addition. In this case, a variance is only needed for the porch <br /> addition as the deck encroachment in the rear yard setback is allowed under the permitted <br /> encroachment provisions in Section 1325.03, Subd. 2 of the Zoning Code. <br /> The applicants have submitted a letter addressing the variance criteria along with photographs of <br /> the site (Attachment A). A site plan of the property and construction plans for the proposed <br /> addition have also been provided (Attachments C and D). <br /> Plan Evaluation <br /> A full evaluation of the proposal was presented to the Planning Commission at their meeting on <br /> June 8, 2016. The staff report to the Planning Commission is included in Attachment G. <br /> Additional Review <br /> Building Official and City Engineer <br /> The Building Official and City Engineer have reviewed the plans and have no additional <br /> comments at this time. A building permit will be required prior to any construction taking place. <br /> Rice Creek Watershed District <br /> The Rice Creek Watershed District has reviewed the plans and determined that a permit is not <br /> required for the project. <br /> Variance Evaluation Criteria <br /> On May 5, 2011, the Governor signed into law new variance legislation that changed the review <br /> criteria cities must use when evaluating variance requests. The new law renames the municipal <br /> variance standard from "undue hardship" to "practical difficulties," but otherwise retains the <br /> familiar three-factor test of(1) reasonableness, (2) uniqueness, and (3) essential character. Also <br /> included is a sentence new to city variance authority that was already in the county statutes: <br /> "Variances shall only be permitted when they are in harmony with the general purposes and <br /> City of Arden Hills <br /> City Council Meeting for June 27, 2016 <br /> PAPlanningTIanning Cases\2016\PC 16-015-1494 Keithson Drive-Variance\lemos Reports_16-015 <br /> Page 2 of 5 <br />