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05-03-23-PC Agenda
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05-03-23-PC Agenda
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<br /> Page 4 of 6 <br />3. Variance Requirements – Section 1355.04, Subd. 4 <br /> <br />The Applicant requests a variance to construct a third stall addition to the side of their existing <br />attached garage that would impede on the required total side yard setback in the R-1 Residential <br />District. The Planning Commission will need to make a determination utilizing the following <br />variance findings and criteria on whether there are practical difficulties with complying with the <br />zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a <br />variance should not be granted. Variances are only permitted when they are in harmony with the <br />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 1475 Dawn Circle is for a proposed garage addition. The Subject <br />Property is zoned R-1, Single Family Residential District and is guided as Low Density <br />Residential on the 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, a third car garage stall for a single family home is a reasonable <br />use of the Subject Property in the R-1 Zoning District because the design of the existing <br />two car garage does not accommodate the Applicant’s needs to store two cars <br />simultaneously. <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’s irregular shape creates a practical <br />difficulty due to the curvature of the parcel’s front property line. The Subject Property <br />was platted in 1982 and the dwelling was constructed in 1983. The Applicant purchased <br />the Subject Property in 2022 so they did not create the circumstances unique to the <br />property. <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential character <br />of the neighborhood. <br /> <br />According to the Applicant, the variance requested is in keeping with the character of the <br />city. The existing neighborhood has homes with a variety of different garages and housing <br />styles, and the proposed variance would not alter the character of the neighborhood. <br /> <br />3. Economic Consideration. Economic consideration alone does not constitute a practical <br />difficulty.
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