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10-09-19 PC
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City of Arden Hills <br />Planning Commission Meeting for October 9, 2019 <br />P:\Planning\Planning Cases\2019\19-013 1932 County Road E2 Var\Memos Reports <br />Page 4 of 7 <br />1.Purpose and Intent. The variance request shall comply with the purpose and intent of the <br />provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive <br />Plan. <br />The variance request would comply with the purpose and intent of the R-2 Zoning District <br />and with the policies within the City’s Comprehensive Plan. <br />2.Practical Difficulties. The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term <br />“Practical Difficulties” as used in the granting of a variance means: <br />a.Reasonable Use. The property owner proposes to use the property in a reasonable manner <br />not permitted by the Zoning Ordinance. <br />The proposed addition is a reasonable use of the property. <br />b.Unique Circumstances. The plight of the property owner is due to circumstances unique to <br />the property not created by the landowner. <br />The Subject Property is located on a corner lot at the intersection of County Road E W and <br />New Brighton Road. Corner lots with yards facing a public street are considered to be a <br />front yard and any structures shall be setback of 40 feet from the property line. On non- <br />corner lots the rear and side yard setback for accessory structures is 10 feet. However, <br />many other properties zoned R-2 encroach upon the 40-foot setback. The Applicant is <br />requesting to encroach 13 feet, where other properties encroach 30 or more feet into the <br />front yard setback. <br />c.Character of Neighborhood. The variance, if granted, will not alter the essential character <br />of the neighborhood. <br />The proposed addition will not alter the character of the neighborhood and is consistent <br />with the other dwellings in the neighborhood. The Applicants indicated to staff that their <br />neighbors on surrounding properties have voiced their support and do not believe that <br />granting a variance would negatively impact them. In addition, the Applicant work with <br />the neighbor to the south on locating their propose structure so it would be screen by the <br />existing garage on the adjacent property. <br />3.Economic Consideration. Economic consideration alone does not constitute a practical <br />difficulty. <br />The proposed variance is not based on economic consideration. <br />4.Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be <br />considered a practical difficulty.
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