02-24-2020-R - Laserfiche WebLink

Home Browse Search

City of Arden Hills Planning Commission Meeting for February 5th, 2020 P:\Planning\Planning Cases\2019\19-020 - 3159 Shoreline Lane - VA Page 3 of 6 relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the rear setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 3. Variance Requirements – Section 1355.04, Subd. 4 The Applicant requests a variance to construct a new deck on the rear of the residential dwelling that would encroach into the rear yard setback by an additional five feet, six inches (5’ 6”), due to the nature of the shoreline of Lake Josephine which abuts the rear of the property. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Below are Staff’s findings. The Applicant’s suggested findings are provided in Attachment C. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The variance request for 3159 Shoreline Lane would comply with the purpose and intent of the R-2 Zoning District and with the policies within the City’s Comprehensive Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. A detached home with a deck is a reasonable use of the Subject Property in the R-2 Zoning District. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. The existing house was built in 1962, prior to the existing shoreland setback requirements.