11-09-22 PC Agenda Packet - Laserfiche WebLink

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Page 6 of 10 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 front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 3. Variance Requirements – Section 1355.04, Subd. 4 The Applicants are requesting a variance for the nonconforming lot depth, to decrease the required front yard setback from 40 feet to a 10 foot setback from the property line abutting Snelling Avenue North and a 16 foot setback from the property line abutting Ridgewood Road, and the driveway access off Snelling Avenue North whereas city code requires access to be obtained from the local street - Ridgewood Road. 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 regulations. If the applicants do not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The Applicants have stated the variance request for 3588 Ridgewood Road is consistent with the purpose and intent of the R-1 Zoning District and with the policies within the City’s Comprehensive Plan. A single-family detached dwelling is a permitted use within the Low Density Residential land use designation and the R-1 Zoning District. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. The Subject Property is non-conforming with the R-1 district standards due to the preexisting lot depth. The Applicants have stated that without the granting of some form of variances the property would not be able to be put to a reasonable use such as construction of a home. They’ve indicated that their proposed home would be the same distance away from Ridgewood Road as the home directly to the north, and the proposed access to Snelling Avenue North will be similar to the adjacent circumstances in keeping with the character of the neighborhood. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner.