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DRAFTARDEN HILLS PLANNING COMMISSION – May 6, 2020 8 Associate Planner Hartmann commented the Planning Commission is being asked to determine if a variance request for flexibility with the front setback requirement should be approved for the deck and “bridge” walkway. The sketches that have been submitted show that the replacement walkway would be the same size and length as the current walkway, but the replacement deck would exceed the area of the deck currently in place. The Applicant could replace the deck with a new deck of the same size without a variance, but they are asking for a variance to build a larger deck than would be allowed by code. 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 request to build a replacement deck for a single family dwelling at the Subject Property 1741 Venus Avenue. 2. A deck on a single-family detached dwelling is a permitted use in the R-1 district. 3. The proposed walkway is necessary as the means of egress out the front door of the house. 4. The Subject Property is non-conforming with the R-1 districts standards for minimum lot length and area requirements. 5. The Subject Property is also nonconforming for topography due to the sunken elevation of the front yard. 6. The proposed deck and walkway would encroach into the front yard setback a combined 28 feet. 7. The proposed development of the subject parcel would conform to all other requirements and standards of the R-1district. 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. Associate Planner Hartmann stated staff recommends approval of Planning Case 20-004 for a Variance at 1741 Venus Avenue, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. Prior to issuance of a Building Permit, engineering department staff shall review a revised landscaping plan to ensure no impacts to the right-of-way. 2. A Building Permit shall be issued prior to commencement of construction. 3. 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