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City of Arden Hills Planning Commission Meeting for October 7th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets Page 6 of 10 4. Nonconforming Uses, Buildings, and Lots – Section 1350 A nonconforming use of land or buildings may be continued, subject to the provisions of City Code Section 1350, but it is the intent of this Code not to encourage its survival because of its incompatibility with permitted uses in the zoning district in which it is located. A building found to be non-conforming because of height, setbacks or lot area, may continue to exist so long as it is used for purposes permitted in the zoning district in which it is located and is in conformance with City Code Section 1350.02. If a nonconforming use is discontinued for any reason after a one-year period, it ceases to exist. A building or structure constituting a nonconforming use, or the land upon which the nonconforming use is being conducted, shall thereafter be used in conformance with City Code applicable to the zoning district in which it is located. City Code Section 1350.02 regarding the continuation of nonconforming uses and buildings reads, “When a nonconforming structure in a Shoreland district within less than 50 percent of the required setback from the water is destroyed, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.” Under City Code Section 1350.04, nonconforming buildings shall not be increased, enlarged, altered, intensified, or extended to occupy a greater area or height on the lot on which the building is located, or moved to any other part of the lot on which the building is located in a way that augments its nonconformity. 5. Variance Review Requirements – Section 1355.04 The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the minimum OHWL setback requirement within the Shore Impact Zone, any conditions attached should presumably relate to mitigating the effect of the encroachment. Deviations from the requirements for accessory structures in exceptional and unusual circumstances may be permitted after Planning Commission review and City Council approval in accordance with Section 1355.04 Subd 5 and with documentation showing the unusual circumstances justifying the proposed deviation and plans for the proposed accessory structure. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning