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06-09-21 Planning Commission
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06-09-21 Planning Commission
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ARDEN HILLS PLANNING COMMISSION – May 5, 2021 13 <br /> <br />District as presented in the May 5, 2021, report to the Planning Commission. A roll call <br />vote was taken. The motion carried unanimously (4-0). <br /> <br />D. Planning Case 21-008; Zoning Code Amendment to Section 1355 (Shoreland) <br />Regarding Accessory Structures – Public Hearing Required <br /> <br />Planning Consultant Kansier stated in September of 2020, Kye Samuelson (“Applicant”) <br />requested a Variance in order to construct an accessory structure near the shoreline of 3493 <br />Siems Court (“Subject Property”) within the Shore Impact Zone of Lake Johanna. The Applicant <br />requested a variance to build a 120 square foot accessory storage structure that encroached <br />eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed structure <br />exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The rational for the <br />variance was that the structure would be used for the storage of modern day recreational water <br />equipment and the hardship was due to the rear yard topography. The Subject Property is zoned <br />R-1, Single Residential District, is located in the Shoreland Management District, and is guided <br />as Low Density Residential on the Land Use Plan. <br />Planning Consultant Kansier reported at its October 7, 2020 meeting, the Planning <br />Commission voted to table the request to allow the Applicant to revise their plans to better <br />conform to the Shoreland Ordinance provisions. The Applicant took the Planning Commissions <br />comments under consideration and submitted revised plans for a smaller structure that would not <br />encroach into the Shore Impact Zone. The Applicant then proposed to construct an accessory <br />structure that would be nine and a half (9.5) feet tall and ninety-three and a half (93.5) square feet <br />in size. However, the proposed structure still required a variance due to the proposed height and <br />area that exceeded current ordinance standards. At its December 9, 2020 meeting the Planning <br />Commission reviewed and discussed the updated application. The Planning Commission voted <br />4-3 to approve the planning case. <br />Planning Consultant Kansier explained at its January 11, 2021 meeting the City Council <br />reviewed Planning Case 20-017. The City Council voted unanimously to table this planning case <br />to allow them to review the existing OHWL accessory structure size standards. The Applicant <br />signed a 6-month Extension Form, requiring the City Council to take action on the variance <br />request by July 12, 2021. At its February 16, 2021 meeting the City Council discussed increasing <br />the permitted size of accessory structures within the Ordinary High Water Level (OHWL) <br />setback. The City Council directed staff to draft ordinance language to increase the size of <br />accessory structures located within the OHWL. The City Council did not support increase the <br />height of accessory structures located within the OHWL. <br /> <br />Planning Consultant Kansier reported following this meeting, staff has drafted ordinance <br />language and sent the language to the DNR for review. At its April 19, 2021 Work Session, the <br />City Council reviewed the proposed amendment to the zoning code and directed staff to bring the <br />draft language to the Planning Commission for review. Staff has not received written comments <br />from the DNR as of April 28, 2021. <br /> <br />Planning Consultant Kansier reviewed the Plan Evaluation and provided the Findings of Fact <br />for review: <br /> <br />General Findings:
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