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ARDEN HILLS PLANNING COMMISSION – December 4, 2019 3 Associate Planner Hartmann reported the previous owners demolished the existing house on 3244 Sandeen Road prior to selling the Subject Property to the current owner. The original house was built with a five (5) foot variance to encroach on the front yard setback, allowing it to be built thirty-five (35) feet from the front yard property line due to lot encumbrances. The Applicant is requesting a thirty (30) foot front yard setback from the property line via a variance. Associate Planner Hartmann explained the Subject Property is a legal non-conforming lot with encumbrances. The Subject Property is 50 feet in width and has a lot area of 9,900 square feet. The R-2 district standards require a minimum lot width of 85 feet and 11,000 square feet. In addition, a bluff is located on the Lake Johanna side of the Subject Property. Staff reviewed the definition of a bluff. Associate Planner Hartmann indicated the Subject Property has a grade of slope of 56% from the toe of the bluff to a point 25 feet or more above the ordinary high. Atop the bluff is the bluff impact zone. A bluff impact zone is established for preservation and management of shoreland vegetation and soils, and all structural development is excluded from this zone, except for stairways, lifts and landings. The bluff impact zone has a required setback of 20 feet from the top of a bluff. Associate Planner Hartmann noted that permits and building plans are not required as part of a submission for a Land Use Application awaiting approval from the Planning Commission because the nature of the request is regarding the front setback on the property. The Planning Commission is being asked to determine if a variance request for flexibility with the front setback requirement should be approved. The plans that have been submitted show only the buildable area and 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 Variance Requirements, the Plan Evaluation 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 single family dwelling at the Subject Property 3244 Sandeen Road. 2. Single-family detached dwelling is a permitted use in the R-2 district. 3. The Subject Property is currently a vacant lot in the R-2. 4. The Subject Property is non-conforming with the R-2 districts standards for minimum lot width and area requirements. 5. The subject parcel is encumbered by a bluff and a 20-foot bluff impact zone. 6. The proposed development of the subject parcel would conform to all other requirements and standards of the R-2 district and Shoreland Management Regulations. 7. The proposed development would not encroach on the bluff or any flood plains, wetlands, or easements. 8. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. 9. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance.