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ARDEN HILLS PLANNING COMMISSION – June 8, 2016 3 <br /> <br />yard setback in the R-1 District is 30 feet. The proposed porch addition would meet all <br />other setback requirements for the R-1 District. <br /> <br />5. The proposed deck is in conformance with the Zoning Code as Section 1325.03, Subd. 2 <br />(A) permits decks to extend six feet into the rear yard setback as long as the <br />encroachment is not closer than six feet from the rear lot line. The proposed deck would <br />be setback 26 feet – 6 inches from the rear property line. <br />6. All other aspects of the proposed porch and deck addition are in conformance with the <br />Zoning Code requirements for the R-1 District. <br />7. The proposed addition would not encroach on any flood plains, wetlands, or easements. <br />8. The proposed addition is not expected to impact any significant trees on the property. <br /> <br />Variance Findings: <br />9. The variance would be in harmony with the purpose and intent of the City’s Code <br />because the impact of the addition on adjacent properties would be mitigated by the <br />location of the addition at the rear of the house, the elevation change between the subject <br />property and the adjacent property to the east, and the presence of several large trees <br />along the rear property line that provide screening. <br />10. The variance would be consistent with the City’s Comprehensive Plan because it meets <br />the City’s housing goal of encouraging property investment that complements and <br />enhances the character of the City’s established neighborhoods. <br />11. The proposed porch addition is a reasonable use of the property that would not be allowed <br />under the rules of the Zoning Code without the requested variance. <br />12. The property is unique because of the wetland area that covers a large portion of the site. <br />A drainage and utility easement covers the wetland area and a 5-foot buffer along the <br />wetland’s edge, limiting where additions to the home can be constructed. The unique <br />characteristics of the property were not created by the property owners. <br />13. The proposed addition would not alter the essential character of the neighborhood <br />because it would result in a structure that is consistent and compatible with other <br />construction in the area. <br />14. The requested variance does not appear to be based on economic considerations alone. <br /> <br />Senior Planner Bachler stated that the findings of fact for this variance request support a <br />recommendation for approval. If the Planning Commission chooses to make a recommendation <br />for denial, the Findings of Fact would need to be amended to reflect the reasons for the denial. If <br />the Planning Commission recommends approval of this variance, staff recommends the <br />following five conditions: <br /> <br />1. The project shall be completed in accordance with the plans submitted as amended by the <br />conditions of approval. Any significant changes to these plans, as determined by the City <br />Planner, shall require review and approval by the Planning Commission and City <br />Council. <br />2. A building permit shall be required prior to commencement of construction. <br />3. The porch addition shall match the color and architectural style of the rest of the principal <br />structure. <br />4. An encroachment of 3 feet – 6 inches shall be permitted for the porch addition into the <br />30-foot rear setback requirement. This will result in a setback of 26 feet – 6 inches from <br />the rear property line.