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ARDEN HILLS PLANNING COMMISSION – October 9, 2019 13 2. The existing driveway on the property facing New Brighton Avenue is legally nonconforming because it was built prior to the ordinance amendment pertaining to driveways. 3. The property owners have requested a variance in order to construct a garage on the driveway that would encroach on the front yard setback facing New Brighton Avenue. 4. The proposed garage would meet all other minimum setback requirements for the R-2 District. 5. The proposed garage would meet the minimum lot coverage requirements, maximum building height requirement for the R-2 District, as indicated by the plans submitted by the Applicant. 6. The proposed development would not encroach on any flood plains, wetlands, or easements. 7. The proposed development is not expected to impact any significant trees on the property. Variance Findings: 8. The variance request would comply with the purpose and intent of the R-2 Zoning District and with the policies within the City’s Comprehensive Plan. 9. The proposed addition is a reasonable use of the property. 10. The Subject Property is located is a corner lot at the intersection of County Road E W and New Brighton Road. Corner lots with yards facing a public street is considered to be a front yard and any structures shall be setback of 40 feet from the property line. On non- corner lots the rear and side yard setback for accessory structures is 10 feet. However, many other properties zoned R-2 encroach upon the 40-foot setback. The Applicant is requesting to encroach 17 feet, where other properties encroach 30 or more feet into the front yard setback. 11. The proposed addition will not alter the character of the neighborhood and is consistent with the other dwellings in the neighborhood. The Applicants indicated to staff that their neighbors on surrounding properties have voiced their support and do not believe that granting a variance would negatively impact them. In addition, the Applicant work with the neighbor to the south on locating their propose structure so it would be screen by the existing garage on the adjacent property 12. The proposed variance is not based on economic consideration. 13. A solar energy system is not proposed. However, the proposed addition would not impact the ability to construct a solar energy system onsite or on an adjoining property. Community Development Manager/City Planner Mrosla stated staff recommends approval of the Variance with the following 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 Building Permit shall be issued prior to commencement of construction. 3. The structure shall conform to all other regulations in the City Code. 4. The proposed accessory structure finish shall complement the existing structure onsite Community Development Manager/City Planner Mrosla reviewed the options available to the Planning Commission on this matter: