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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 8 of 10 General Findings: 1. City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court. 2. Storage of personal items is a permitted use for an accessory structure in the R-1 Single Family Residential District. 3. The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4. The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District. 5. The Applicant is requesting flexibility with the maximum height and size restrictions for a storage shed located within the setback requirement for Lake Johanna. 6. The rear yard setback requirement for a proposed accessory structure is determined by the Ordinary High Water Level (OHWL) of Lake Johanna. 7. The OHWL setback from Lake Johanna is 50 feet. 8. A previous legal-nonconforming accessory structure was located at the Subject Property within the Shore Impact Zone where the Applicant is now proposing to build, but that previous structure was removed by the Applicant. 9. Because the nonconformity was discontinued for a period of more than one year, and no building permit has been applied for within 180 days of when the property was removed, the previous structure cannot be rebuilt. 10. The previous structure was built prior to the adoption of the current code that prohibits structures with the Shore Impact Zone. 11. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. 12. The proposed storage structure would be located within the Shore Impact Zone of Lake Johanna. 13. Current City Code does not permit structures within the Shore Impact Zone, except under certain conditions. 14. One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 64 square feet in size and eight (8) feet in height and is not within the Shore Impact Zone. 15. The proposed structure exceeds the height and dimension limits for an accessory structure within the OHWL. 16. The proposed structure would otherwise conform to all other requirements and standards of the R-1 district. 17. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. Additional Review Residential Building Inspector The Residential Building Inspector has reviewed the plans and has no additional comments at this time. A Zoning Permit will be required prior to construction. Engineering Staff Engineering Staff reviewed the proposal and has no additional comments at this time.