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ARDEN HILLS PLANNING COMMISSION – September 7, 2016 3 8. The proposed principal structure would encroach 2 feet into the front yard setback, creating a setback of 38 feet from the Arden Place property line. The minimum front yard setback in the R-1 District is 40 feet. 9. All other aspects of the proposed construction are in conformance with the Zoning Code requirements for the R-1 District. 10. The proposed construction would not encroach on any flood plains, wetlands, or easements. Variance Findings: 11. The variance would be in harmony with the purpose and intent of the City’s Code because the dwelling would be constructed in a location to minimize visual impacts on adjacent properties and protect sight lines of Lake Johanna. 12. The variance would be consistent with the City’s Comprehensive Plan because it meets the City’s housing goal of encouraging property reinvestment that complements and enhances the character of the City’s established neighborhoods. 13. The proposed construction of a new single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 14. The property is unique and presents development challenges because of its topography. The unique characteristics of the property were not created by the property owners. 15. The proposed dwelling would not alter the essential character of the neighborhood because it would result in a structure that is consistent and compatible with other construction in the area. 16. The requested variance does not appear to be based on economic considerations alone. Senior Planner Bachler stated the findings of fact for this variance request support a recommendation for approval. If the Planning Commission chooses to make a recommendation for denial, the Findings of Fact would need to be amended to reflect the reasons for the denial. If the Planning Commission recommends approval of this variance, staff recommends the following six conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. A Grading and Erosion Control permit shall be required prior to the issuance of a Building Permit. 3. A Building Permit shall be required prior to commencement of construction. 4. The accessory structure shall have an exterior finish that is compatible in appearance and material used with the principal structure. 5. The structure shall conform to all other regulations in the City Code. 6. The property owners shall provide 17.6 caliper inches of new tree plantings per the submitted Tree Preservation Plan prior to the issuance of a final certificate of occupancy for the dwelling. Deciduous trees shall be a minimum of 2.5 caliper inches in size, and coniferous trees a minimum of 6 feet in height.