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<br />City of Arden Hills <br />City Council Meeting for February 24th, 2020 <br /> <br />Page 3 of 5 <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable manner <br />not permitted by the Zoning Ordinance. <br /> <br />A detached home with a deck is a reasonable use of the Subject Property in the R-2 Zoning <br />District. <br /> <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 /> <br />According to the Applicants’ application, they are requesting a larger deck that <br />encroaches on the rear yard setback because 1) since the time of the home's construction, <br />conditions have changed and the setback restrictions and shoreline including changing <br />high watermark present a hardship 2) the current code will not allow for a reasonable <br />size deck to be constructed, similar to comparable properties on the lake, so the proposed <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 /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential character <br />of the neighborhood. <br /> <br />According to the Applicants’ application, the existing neighborhood has homes with decks <br />in the rear yard and a variety of different yard setbacks and proposed variance will not <br />alter the character of the neighborhood. <br /> <br />3. Economic Consideration. Economic consideration alone does not constitute a practical <br />difficulty. <br /> <br />The proposed variance is not based on economic consideration. <br /> <br />4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be <br />considered a practical difficulty. <br /> <br />A solar energy system is not proposed. <br /> <br />Findings of Fact <br /> <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.