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City of Arden Hills <br />Planning Commission Meeting for February 5th, 2020 <br />P:\Planning\Planning Cases\2019\19-020 - 3159 Shoreline Lane - VA <br />Page 4 of 6 <br />deck would not alter the character of the neighborhood and 3) the new proposed deck <br />will not adversely affect either abutting properties, nor affect the lake view or water <br />runoff of any surrounding properties in the immediate area. <br />c.Character of Neighborhood. The variance, if granted, will not alter the essential character <br />of the neighborhood. <br />According to the Applicants’ applicationPDWHULDOV, the existing neighborhood has homes <br />with decksin the rear yard and a variety of different yard setbacks and proposed <br />variance will notalter the character of the neighborhood. <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. <br />A solar energy system is not proposed. <br />Findings of Fact <br />The Planning Commission must make a finding as to whether or not the proposed application <br />would adversely affect the surrounding neighborhood or the community as a whole based on the <br />aforementioned factors. Staff offers the following findings for consideration: <br />General Findings: <br />1. City Staff received a land use application for a request to build a new deck behind the single <br />family dwelling at the Subject Property 3159 Shoreline Lane. <br />2. The Subject Property is located in the R-2 One and Two Family Residential District. <br />3. A deck on a single-family detached dwelling is a permitted use in the R-2 district. <br />4. The Subject Property is non-conforming with the R-2 districts standards for minimum lot <br />width requirements. <br />5. The rear setback to the property is determined by the Ordinary High Water Level (OHWL) <br />for Lake Josephine, which is 50 feet. <br />6. The principle structure is 52 feet from the OHWL. <br />7. Decks, uncovered porches, ramps, and steps generally may extend six feet (6’) into <br />required setbacks but in no case shall these encroachments be less than six feet (6’) from <br />any lot line. <br />8. The proposed deck on the Subject Property would otherwise conform to all other <br />requirements and standards of the R-2 district and Shoreland Management Regulations. <br />9. The proposed development would not encroach on any flood plains, wetlands, or <br />easements. <br />10. A variance may be granted if the Applicant meets all three factors of the statutory test for <br />practical difficulties.