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City of Arden Hills City Council Meeting for May 26th, 2020 P:\Planning\Planning Cases\2020\20-004 1741 Venus Avenue Tourdot Variance\CC Packet Page 3 of 6 porches, unlike decks, are permitted to encroach from the front lot line and side yard corner at least the number of feet for the current principal structure setback multiplied by a factor of 0.75. The front setback for the principle structure is 40 feet, meaning that it is possible for a covered porch/deck to be built on the property without a variance if it doesn’t exceed 10 feet in width. The proposed deck is 12 feet wide and does not meet the cover front porch design guidelines. The Applicants’ plan increases the area outside the front door to make the front more accessible and to create a space that they argue will support more neighborly engagement. The Applicants argue that the deck is an essential feature of the house, as it provides the only access to the front door and the plan they propose does not extend farther toward the front lot line any more than the current deck and adjoining stone stairs, nor is the proposed deck any higher than the current deck, which would preserve neighborhood character. The proposal also removes a section of the deck to the west of the front door which partially blocks of the egress window on the ground level. At their May 6, 2020 meeting, the Planning Commission heard testimony from the Applicants regarding their request. Upon hearing the testimony, the Planning Commission motioned to recommend to approve the request (4-2). However, prior to the vote Commissioner Lambeth lost his connection to the meeting, but subsequently informed staff that his/her intent was to vote aye. The two dissenting votes had concerns about allowing a larger deck in the front yard. The staff report to the Planning Commission on this case is provided in Attachment D. The draft minutes from the May 6, 2020 meeting are included in Attachment F. Variance Requirements – Section 1355.04, Subd. 4 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: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. A deck for a single family home is a reasonable use of the Subject Property in the R-1 Zoning District. The walkway is necessary as the means of egress out the front door. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner.