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01-13-2020-R
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01-13-2020-R
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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 3 of 6 <br />Plan Evaluation <br />Chapter 13, Zoning Regulations Review <br />1.District Provisions (R-2 Single Family Residential District) – Section 1320.06 <br />Lot Size and Dimensions <br />Per the submitted survey, the Subject Property is 9,900 square feet or 0.24 acres in size. The <br />proposed Subject Property is on a legal non-conforming lot given the R-2 District's 11,000 square <br />foot minimum lot size requirement. In addition, the lot features a bluff on the north size of the <br />property that further restricts the buildable area allowed under City Code. Lots within an R-2 <br />District have a minimum length and width requirement of 85 feet and 120 feet. The Subject <br />Property meets the length requirement for a parcel in the R-2 district, which is approximately 180 <br />feet long, but the lot is only 50 feet wide and does not meet the minimum width requirement. <br />Structure Setbacks - Flexibility Requested <br />In the R-2 District, the minimum front and rear setback requirements for a property are forty (40) <br />feet and thirty (30) feet, respectively. The minimum side yard setback is five (5) feet and the <br />combined side yard setbacks shall total 15 feet or more. As previously stated, the Applicant is <br />requesting flexibility to encroach ten (10) feet into the front yard for a thirty (30) foot front yard <br />setback. Otherwise, the proposed development would meet setback requirements for the R-2 <br />district. Moving the house forward ten (10) feet will also preserve existing lake views for both <br />neighboring homes. It would also decrease the size of the driveway required to get to the house, <br />thus decreasing the amount of impervious cover required for the project. If granted a variance for <br />flexibility with the front setback, the Applicant’s proposal would meet all other district provisions. <br />2.Variance Review <br />The role of the Planning Commission is to determine and consider how the facts presented to them <br />compare with the city’s articulated standards. The Commission should base their decision on the facts <br />presented and then apply those facts to the legal standards contained in city ordinances and relevant <br />state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. <br />While the Planning Commission may feel their decision should reflect the overall will of the residents, <br />the task in considering a variance request is limited to evaluating how the variance application meets <br />the statutory practical difficulties factors. Residents can often provide important facts that may help in <br />addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a <br />legitimate basis for a variance decision. <br />The Planning Commission may impose conditions when granting variances as long as the conditions <br />are directly related and bear a rough proportionality to the impact created by the variance. For instance, <br />if a variance is granted to exceed the front setback limit, any conditions attached should presumably <br />relate to mitigating the effect of the encroachment.
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