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ARDEN HILLS PLANNING COMMISSION – May 5, 2021 13 District as presented in the May 5, 2021, report to the Planning Commission. A roll call vote was taken. The motion carried unanimously (4-0). D. Planning Case 21-008; Zoning Code Amendment to Section 1355 (Shoreland) Regarding Accessory Structures – Public Hearing Required Planning Consultant Kansier stated in September of 2020, Kye Samuelson (“Applicant”) requested a Variance in order to construct an accessory structure near the shoreline of 3493 Siems Court (“Subject Property”) within the Shore Impact Zone of Lake Johanna. The Applicant requested a variance to build a 120 square foot accessory storage structure that encroached eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The rational for the variance was that the structure would be used for the storage of modern day recreational water equipment and the hardship was due to the rear yard topography. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. Planning Consultant Kansier reported at its October 7, 2020 meeting, the Planning Commission voted to table the request to allow the Applicant to revise their plans to better conform to the Shoreland Ordinance provisions. The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. The Applicant then proposed to construct an accessory structure that would be nine and a half (9.5) feet tall and ninety-three and a half (93.5) square feet in size. However, the proposed structure still required a variance due to the proposed height and area that exceeded current ordinance standards. At its December 9, 2020 meeting the Planning Commission reviewed and discussed the updated application. The Planning Commission voted 4-3 to approve the planning case. Planning Consultant Kansier explained at its January 11, 2021 meeting the City Council reviewed Planning Case 20-017. The City Council voted unanimously to table this planning case to allow them to review the existing OHWL accessory structure size standards. The Applicant signed a 6-month Extension Form, requiring the City Council to take action on the variance request by July 12, 2021. At its February 16, 2021 meeting the City Council discussed increasing the permitted size of accessory structures within the Ordinary High Water Level (OHWL) setback. The City Council directed staff to draft ordinance language to increase the size of accessory structures located within the OHWL. The City Council did not support increase the height of accessory structures located within the OHWL. Planning Consultant Kansier reported following this meeting, staff has drafted ordinance language and sent the language to the DNR for review. At its April 19, 2021 Work Session, the City Council reviewed the proposed amendment to the zoning code and directed staff to bring the draft language to the Planning Commission for review. Staff has not received written comments from the DNR as of April 28, 2021. Planning Consultant Kansier reviewed the Plan Evaluation and provided the Findings of Fact for review: General Findings: