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ARDEN HILLS PLANNING COMMISSION – February 5, 2020 5 be approved. The evaluation of the proposal should be based on the District Provisions in Section 1320.06 and the Requirements for a Variance in Section 1355.04, Subd. 4. Associate Planner Hartmann reviewed the Plan Evaluation, Variance Criteria and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for a request to build a new deck behind the single family dwelling at the Subject Property 3159 Shoreline Lane. 2. The Subject Property is located in the R-2 One and Two Family Residential District. 3. A deck on a single-family detached dwelling is a permitted use in the R-2 district. 4. The Subject Property is non-conforming with the R-2 districts standards for minimum lot width requirements. 5. The rear setback to the property is determined by the Ordinary High Water Level (OHWL) for Lake Josephine, which is 50 feet. 6. The principle structure is 52 feet from the OHWL. 7. Decks, uncovered porches, ramps, and steps generally may extend six feet (6’) into required setbacks but in no case shall these encroachments be less than six feet (6’) from any lot line. 8. The proposed deck on the Subject Property would otherwise conform to all other requirements and standards of the R-2 district and Shoreland Management Regulations. 9. The proposed development would not encroach on any flood plains, wetlands, or easements. 10. A variance may be granted if the Applicant meets all three factors of the statutory test for practical difficulties. Associate Planner Hartmann stated approval of the Variance at 3159 Shoreline Lane is based on the findings of fact and the submitted plans, as amended by the conditions below: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. Associate Planner Hartmann reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Gehrig opened the floor to Commissioner comments. Commissioner Vijums asked if other deck variances on Lake Josephine have been approved. Associate Planner Hartmann stated staff found one other instance where a variance was approved on Lake Johanna in 1995. He commented further on the previous variance request.