Laserfiche WebLink
<br /> Page 10 of 14 <br />variance request. While the Planning Commission may feel their decision should reflect the <br />overall will of the residents, the task in considering a variance request is limited to evaluating how <br />the variance application meets the statutory practical difficulties factors. Residents can often <br />provide important facts that may help in addressing these factors, however, unsubstantiated <br />opinions and reactions to a request do not form a legitimate basis for a variance decision. <br /> <br />The Planning Commission may impose conditions when granting variances as long as the <br />conditions are directly related and bear a rough proportionality to the impact created by the <br />variance. For instance, if a variance is granted to exceed the front setback limit, any conditions <br />attached should presumably relate to mitigating the effect of the encroachment. <br /> <br />5. Variance Requirements – Section 1355.04, Subd. 4 <br /> <br />The Applicant requests a variance to decrease the minimum required lot width, lot depth, and rear <br />yard setback of the Subject Property. The Planning Commission will need to make a determination <br />utilizing the following variance findings and criteria on whether there are practical difficulties with <br />complying with the zoning regulations. If the Applicant does not meet all the factors of the <br />statutory test, then a variance should not be granted. Variances are only permitted when they are <br />in harmony with the general purposes and intent of the ordinance. <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 /> <br />The variance request for 1174 Edgewater Avenue is for flexibility in requirements of minimum <br />lot width, lot depth, and rear yard setbacks. The Subject Property is zoned R-2, Single and <br />Two-Family Residential District and is guided as Low Density Residential (LDR) in the 2040 <br />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 /> <br />According to the Applicant, the proposed use for this line is consistent with land use plans <br />outlined in the 2040 Comprehensive Plan. <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 /> <br />According to the Applicant, the Subject Property includes unique circumstances due to <br />its nontraditional shape. To construct a home on both subdivided lots that each meet <br />setback requirements, the Applicant must seek these variances. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential character <br />of the neighborhood.