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02-05-20 PC
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02-05-20 PC
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ARDEN HILLS PLANNING COMMISSION – February 5, 2020 5 <br /> <br />be approved. The evaluation of the proposal should be based on the District Provisions in Section <br />1320.06 and the Requirements for a Variance in Section 1355.04, Subd. 4. <br /> <br />Associate Planner Hartmann reviewed the Plan Evaluation, Variance Criteria and provided the <br />Findings of Fact for review: <br /> <br />General Findings: <br />1. City Staff received a land use application for a request to build a new deck behind the <br />single 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 <br />(OHWL) 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. <br /> <br />Associate Planner Hartmann stated recommends approval of the Variance at 3159 Shoreline <br />Lane, based on the findings of fact and the submitted plans, as amended by the conditions below: <br /> <br />1. A Building Permit shall be issued prior to commencement of construction. <br />2. 2. The proposed building shall conform to all other standards and regulations in the City <br />Code. <br /> <br />Associate Planner Hartmann reviewed the options available to the Planning Commission on <br />this matter: <br /> <br />1. Recommend Approval with Conditions <br />2. Recommend Approval as Submitted <br />3. Recommend Denial <br />4. Table <br /> <br />Chair Gehrig opened the floor to Commissioner comments. <br /> <br />Commissioner Vijums asked if other deck variances on Lake Josephine have been approved. <br /> <br />Associate Planner Hartmann stated staff found one other instance where a variance was <br />approved on Lake Johanna in 1995. He commented further on the previous variance request. <br />
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