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City of Arden Hills Planning Commission Meeting for March 9, 2016 P:\Planning\Planning Cases\2016\PC 16-005 - 3382 Lake Johanna Blvd - Variance\Memos_Reports_16-005 Page 5 of 9 F. Tree Preservation The proposed project is not expected to impact any significant trees on the property. If any significant trees are removed as a result of the project, mitigation may be required. 2. Flood Plain, Wetlands, and Easements The proposed addition is outside of any flood plains, wetlands, or easements. 3. Additional Review Building Official The Building Official has reviewed the plans and has no additional comments at this time. A building permit will be required prior to any construction taking place. City Engineer The City Engineer has reviewed the plans and noted that a Grading and Erosion Control Permit will be required for the project. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the plans and determined that a permit is not required for the project. Minnesota Department of Natural Resources Municipalities are required to provide the Minnesota Department of Natural Resources (DNR) with a copy of the variance request for properties within designated shoreland areas at least 10 days before the public meeting. Staff notified the DNR about this application on February 17, 2016. No comments have been provided by the DNR at this time. Variance Evaluation Criteria On May 5, 2011, the Governor signed into law new variance legislation that changed the review criteria cities must use when evaluating variance requests. The new law renames the municipal variance standard from “undue hardship” to “practical difficulties,” but otherwise retains the 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.”