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DRAFTARDEN HILLS PLANNING COMMISSION – May 6, 2020 2 Applicants were previously approved for a front yard setback variance at the January 27th 2020 City Council meeting. The Subject Property is currently a vacant lot, zoned R-2, Single and Two Family Residential District, and is guided as Low Density Residential on the land use plan. Associate Planner Hartmann reported according to the Applicants’ narrative submitted as a part of their application, the home has been designed in such a way that it can capture the additional 396 sq. ft. that the Applicant requests without changing the envelope or appearance of the home from the exterior; which could be built by right. The Applicants are requesting to incorporate more livable space above the garage and in the basement. The proposed spaces would be otherwise used for storage and would meet applicable building codes to not be included within the FAR Calculation. Without the variance the space above the garage would be accessible from the garage via a drop down stair. There will no changes required to the exterior of the property to meet their request for a greater FAR. Associate Planner Hartmann explained the Planning Commission is being asked to determine if a variance request for flexibility with the FAR requirement should be approved. The sketches that have been submitted show that the extra livable space would be wholly within the principle structure. The evaluation of the proposal should be based on the District Provisions in Section 1320 and the Requirements for a Variance in Section 1355.04, Subd. 4. Associate Planner Hartmann reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: 1. City Staff received a land use application for a variance request to increase the allowable FAR on a single family dwelling at the Subject Property 3244 Sandeen Road. 2. A single-family detached dwelling is a permitted use in the R-2 district. 3. The Subject Property is non-conforming with the R-2 districts standards for minimum lot width and area requirements. 4. The proposed additional floor area would be below grade and wholly within the principal structure of the house. 5. The proposed development of the subject parcel would conform to all other requirements and standards of the R-2 district. 6. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. 7. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Associate Planner Hartmann stated staff recommends approval of Planning Case 20-008 for a Variance at 3244 Sandeen Road, 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: