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construction would be subject to compliance with this provision and staff would verify this <br />provision has been satisfied as part of the permitting process. <br />4. Variance Review <br />The role of the City Council is to determine and consider how the facts presented to them <br />compare with the city's articulated standards. The Council should base their decision on the <br />facts presented and then apply those facts to the legal standards contained in city ordinances and <br />relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a <br />variance request. While the City Council may feel their decision should reflect the overall will <br />of the residents, the task in considering a variance request is limited to evaluating how the <br />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 />The City Council may impose conditions when granting variances as long as the conditions are <br />directly related and bear a rough proportionality to the impact created by the variance. For <br />instance, if a variance is granted to exceed the front setback limit, any conditions attached should <br />presumably relate to mitigating the effect of the encroachment. <br />5. Variance Requirements — Section 1355.04, Subd. 4 <br />The Applicant requests a variance to decrease the minimum required lot width, lot depth, and <br />rear yard setback of the Subject Property. The City Council will need to make a determination <br />utilizing the following variance findings and criteria on whether there are practical difficulties <br />with 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 />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 <br />Comprehensive Plan. <br />The variance request for 1174 Edgewater Avenue is for flexibility in requirements of <br />minimum lot width, lot depth, and rear yard setbacks. The Subject Property is zoned R-2, <br />Single and Two -Family Residential District and is guided as Low Density Residential <br />(LDR) in the 2040 Land Use Plan. <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 <br />term "Practical Difficulties" as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the Zoning Ordinance. <br />Page 10 of 12 <br />