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ARDEN HILLS CITY COUNCIL – MAY 26, 2020 7 <br /> <br />Councilmember Scott reported if the variance were not granted the home would look exactly the <br />same as if the variance were granted. He explained the extra space was being requested to <br />accommodate a child with special needs. <br /> <br />Councilmember McClung stated he did not support the variance request. <br /> <br />MOTION: Councilmember Holmes moved and Councilmember Scott seconded a motion <br />to adopt Resolution 2020-022 approving Planning Case 20-008 for a Variance <br />at 3244 Sandeen, based on the findings of fact and the submitted plans, as <br />amended by the two (2) conditions in the May 6, 2020, Report to the City <br />Council. A roll call vote was taken. The motion carried 3-2 (Councilmember <br />Holden and McClung opposed). <br /> <br /> B. Resolution 2020-023 – Planning Case 20-004 – Venus Avenue - Variance <br /> <br />Associate Planner Hartmann stated the Applicants are requesting a variance to build a deck and <br />walkway structure in the front of a single-family detached dwelling on the Subject Property that <br />would encroach into the front yard setback. The Subject Property is zoned R-1, Single Family <br />Residential District and is guided as a Low Density Residential use in the 2040 Comprehensive <br />Plan. The existing walkway and deck is original to the Subject Property and predates the adoption <br />of the Zoning Code. The Applicants are requesting flexibility on the front setback requirement to <br />build a larger deck that would exceed the dimensions of the current deck. The Subject Property is <br />a legal non-conforming lot. <br /> <br />Associate Planner Hartmann reported the Subject Property is 120 feet in length and has a lot <br />area of 12,500 square feet. The R1 district standards require a minimum lot length of 130 feet and <br />a minimum size of 14,000 square feet. In addition, the topography of the front yard is unique due <br />to the courtyard designed by the original owner. The proposed variance will not impact any other <br />setback requirements besides the front setback flexibility requested and the property will <br />otherwise conform to all provisions for the R-1 district. <br /> <br />Associate Planner Hartmann reviewed the Plan Evaluation, Variance Requirements and offered <br />the following Findings of Fact: <br /> <br />1. City Staff received a land use application for a request to build a replacement deck for a <br />single family dwelling at the Subject Property 1741 Venus Avenue. <br />2. A deck on a single-family detached dwelling is a permitted use in the R-1 district. <br />3. The proposed walkway is necessary as the means of egress out the front door of the house. <br />4. The Subject Property is non-conforming with the R-1 districts standards for minimum lot <br />length and area requirements. <br />5. The Subject Property is nonconforming due to the sunken elevation of the front yard. <br />6. The proposed deck and walkway would encroach into the front setback a combined 28 <br />feet. <br />7. The proposed development of the subject parcel would conform to all other requirements <br />and standards of the R-1district. <br />8. A variance may be granted if enforcement of a provision in the zoning ordinance would <br />cause the landowner practical difficulties.