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12-04-19 PC
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City of Arden Hills <br />Planning Commission Meeting for December 4th, 2019 <br />P:\Planning\Planning Cases\2019\19-015 - 3244 Sandeen Road\Memos Reports Page 4 of 6 <br />3.Variance Requirements – Section 1355.04, Subd. 4 <br />The Applicant requests a variance to construct a new residential dwelling unit that would encroach into <br />the front yard setback by 10 feet. The Planning Commission will need to make a determination <br />utilizing the following variance findings and criteria on whether there are practical difficulties with <br />complying with the zoning regulations. If the applicant does not meet all the factors of the statutory <br />test, then a variance should not be granted. Variances are only permitted when they are in harmony <br />with the general purposes and intent of the ordinance. <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 for 3244 Sandeen Road would comply with the purpose and intent of the <br />R-2 Zoning District 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 />A single family home is a reasonable use of the Subject Property in the R-2 Zoning District. <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 following circumstances are unique to the property 3244 Sandeen Road. When the <br />subject parcel was platted, it based on the requirements of that time and is now considered <br />legal non-conforming. The Subject Property has a non-conforming lot width of 50 feet and <br />has a lot area of 9,900 square feet. While the R-2 zoning district requires a minimum <br />lot width of 85 feet and minimum lot area of 11,000 square feet. In addition, the <br />Subject Property is encumbered a 20 foot bluff impact zone and within the zone no <br />structural development is permitted. With all of the encumbrances on the subject parcel, <br />significantly reduce the buildable area. <br />c.Character of Neighborhood. The variance, if granted, will not alter the essential character <br />of the neighborhood. <br />The existing neighborhood has homes with a variety of different front yard setbacks and <br />proposed variance will not alter the character of the neighborhood.
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