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<br />City of Arden Hills <br />Planning Commission Meeting for December 9th, 2020 <br />P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 7 of 10 <br />within the Shore Impact Zone, any conditions attached should presumably relate to mitigating the <br />effect of the encroachment. <br /> <br />Deviations from the requirements for accessory structures in exceptional and unusual <br />circumstances may be permitted after Planning Commission review and City Council approval in <br />accordance with Section 1355.04 Subd 5 and with documentation showing the unusual <br />circumstances justifying the proposed deviation and plans for the proposed accessory structure. <br /> <br />The Planning Commission will need to determine, using the following variance findings and <br />criteria, whether there are practical difficulties with complying with the zoning regulations. If the <br />Applicant does not meet all three factors of the statutory test, then a variance should not be granted. <br />Variances are only permitted when they are in harmony with the general purposes and intent of <br />the ordinance. Below are the Applicant’s findings of fact. <br /> <br />1. Purpose and Intent. The variance request shall comply with the purpose and intent of the <br />provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive <br />Plan. <br /> The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland <br />Management District and is guided as Low Density Residential on the Land Use Plan. <br /> <br />2. Practical Difficulties. The Applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term <br />“Practical Difficulties” as used in the granting of a variance means: <br /> <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable manner <br />not permitted by the Zoning Ordinance. <br />According to the Applicant, the storage of recreational water equipment for a single family <br />home is a reasonable use of an accessory structure within the Shoreland Management <br />District. <br /> <br />b. Unique Circumstances. The plight of the property owner is due to circumstances unique to <br />the property not created by the landowner. <br />According to the Applicant, there is a thirty (30) foot grade difference every 100 feet, which <br />creates a very steep slope to transport lake items up to store in the garage. This is unique <br />to the property, making it difficult to place the storage structure elsewhere. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential character <br />of the neighborhood. <br />According to the Applicant, the storage shed would be 30 feet below the adjoining <br />neighbors, The Applicant is proposing to add landscaping to assist in screening the <br />structure and making it inconspicuous and blended to the landscape. <br /> <br />3. Economic Consideration. Economic consideration alone does not constitute a practical <br />difficulty. <br />According to the Applicant the proposed variance is not based on economic consideration. <br /> <br />4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be <br />considered a practical difficulty.