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08-10-2020-R
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08-10-2020-R
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ARDEN HILLS CITY COUNCIL — AUGUST 10, 2020 4 <br />property line. The proposed deck requested would have encroached an additional twelve (12) feet <br />into the front yard setback. <br />Associate Planner Hartmann commented the Council discussed the possibility of a covered <br />porch in lieu of the proposed deck as covered porches may encroach ten (10) feet into the front <br />yard setback. The City Council then tabled the request to allow the Applicants time to pursue <br />plans for a covered porch and return with an amended request. The Applicants are still proposing <br />to replace the existing deck structure with a deck instead of building a covered porch. According <br />to the Applicants, extending a roof over a covered porch on the south side of the house would <br />block too much sunlight from the two windows. <br />Associate Planner Hartmann explained based on a more accurate measurement that the <br />applicants took of the distance from the front of the house to the front property line, the proposed <br />seven and a half (7.5) foot wide deck would only encroach one (1) foot into the front yard setback <br />because the house is precisely forty and a half (40.5) feet from the front property line. As stated <br />above, decks in the R-I district are permitted to encroach up to six (6) feet into setbacks as long as <br />there is at least an another six (6) feet between the edge of the deck and the property line. <br />Therefore, without an approved variance, a deck must maintain a setback of at least thirty-four <br />(34) feet from the front property line. <br />Associate Planner Hartmann reviewed the Plan Evaluation and offered the following amended <br />Findings of Fact: <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 Subject Property is non -conforming with the R-1 districts standards for minimum lot <br />length and area requirements. <br />4. The Subject Property is nonconforming due to the sunken elevation of the front yard. <br />5. The proposed deck would encroach one (1) foot into the front yard setback. <br />6. If approved for a variance, the proposed development of the subject parcel would <br />otherwise conform to all other requirements and standards of the R-1 district. <br />7. A variance may be granted if enforcement of a provision in the zoning ordinance would <br />cause the landowner practical difficulties. <br />8. Variances are only permitted when they are in harmony with the general purposes and <br />intent of the ordinance. <br />Staff offered for Council's consideration approval of Planning Case 20-004 for a variance at 1741 <br />Venus Avenue, based on the findings of fact and the submitted plans, as amended by the <br />following conditions: <br />1. Prior to issuance of a Building Permit, engineering department staff shall review a revised <br />landscaping plan to ensure no impacts to the right-of-way. <br />2. A Building Permit shall be issued prior to commencement of construction. <br />3. The proposed building shall conform to all standards and regulations in the City Code. <br />Mayor Grant asked if the applicant was attending the meeting. <br />
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