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ARDEN HILLS CITY COUNCIL — NOVEMBER 28, 2022 4 Community Development Director Jagoe explained over the next year, city staff worked through the process to facilitate the sale of the Subject Property. On August 8, 2022, the City Council approved the purchase agreement for the Subject Property from Ahmed Ali and Nawal Hirsi. The purchase agreement included an acknowledgement of the Applicant's responsibility for all costs associated with due diligence which includes the variance review due to the nonconforming lot size. As part of the due diligence via a survey, it was determined that the lot measured approximately 14,472 square feet, and would not require a variance for lot area but would require a variance for lot depth. Community Development Director Jagoe commented the Applicants requested feedback on the variance request at the City Council Work Session meeting on October 17th ahead of the Planning Commission review. The discussion amongst the City Council was generally supportive of the driveway access off of Snelling Avenue N., but there was consensus that the Applicants should consider moving the house placement slightly north in order to gain more room from the adjacent parcels. The Applicants did shift the house location slightly to the north for the full submission. Since the concept review, the proposed setback from Ridgewood Road has been modified from 12 feet to 16.3 feet, and from 10 feet to 14.1 feet adjacent to the south side yard property line. Community Development Director Jagoe stated at their November 9, 2022 meeting, the Planning Commission reviewed the variance request on the Subject Property. After discussion, the Planning Commission voted to recommend approval of the non -conforming lot depth variance by a 7-0 vote. The Planning Commission also recommended denial of the parcel setbacks and driveway access variance by a 4-3 vote. The Planning Commission cited the following reasons for this denial: - The degree of the setback variance requested is too significant. - The site is to be accessed from Ridgewood Road and access off of Snelling is not recommended for safety reasons. Community Development Director Jagoe reviewed the existing site conditions, site data and provided further information to the Council on the Plan Evaluation. Community Development Director Jagoe offered the following Findings of Fact: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District lot depth, front yard setback, and driveway access at the Subject Property, 3588 Ridgewood Road. 2. The Subject Property is a nonconforming lot of record deeded to the City through the State and County from the Old Snelling Avenue corridor right-of-way (now referred to as Snelling Avenue North). 3. The Subject Property is a nonconforming lot with a mean lot depth of 97.4 feet and does not comply with the minimum R-1 district standards for lot depth of 130 feet. 4. The Subject Property is currently undeveloped 5. The Planning Commission has determined that a potential sale of the City owned property at 3588 Ridgewood Road would be in compliance with the City's Comprehensive Plan. 6. The proposed single-family dwelling would not require a side yard setback variance.