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City of Arden Hills Planning Commission Meeting for May 6th, 2020 P:\Planning\Planning Cases\2020\20-004 1741 Venus Avenue Tourdot Variance\Memos Reports Page 5 of 8 The Applicants cite the sunken courtyard in the front of their property fits into the character of the neighborhood because it has been a longstanding feature of the neighborhood and predates their purchase of the house. Landscaping The Applicants are not proposing to remove any significant trees from the site, but have provided an outline of additional plantings and landscaping that they feel would accent the proposed deck and walkway and make the property better blend into the character of the neighborhood. There are no tree replacements required for this property under the Tree Preservation Ordinance 1325.055 and the proposed hardscape would not exceed the maximum impervious surface coverage allowed under City Code Section 1330.03. 2. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and 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 front 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 replacement deck on the front of their residential dwelling unit that would encroach into the front yard setback by 12 feet and a walkway that bridges the span of the sunken front yard by an additional 16 feet. 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. 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 1741 Venus Avenue is consistent 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: