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City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue – VAR Page 4 of 9 Rear Setback 30 +/-79 feet +/-79 feet Side Yard Minimum 10 14.4 and 24.2 feet 14.4 and 24.2 feet (not impacted) Side Yard Total Both Side Yards 25 38.6 feet 38.6 feet (not impacted) Landscaped Area – Meets Requirements In the R-1 District, the minimum landscaped area required without a variance is 65% of the property or 14,849.9 square feet. The Subject Property has an existing landscaped area of 17,372 square feet or 76.04%. The proposed addition would decrease the total landscaped area to 17,141 square feet, or 75.03% percent of the property. The plans for the addition include a decrease in front stoop and front walk impervious surface coverage for a total decrease in landscaped area of 231 square feet. Structure Coverage – Meets Requirements The R-1 District allows for a maximum structure coverage of 25% or 5,711.5 square feet of the Subject Parcel. The existing structure coverage is 3,323 square feet or 15%. The proposed addition would increase the total structure coverage by 253 square feet for a total of 3,576 square feet, or 16% of the Subject Property. 2. Exceptions to the Minimum Requirements for All Districts (Single and Two-Family Nonconforming Dwellings) – Section 1325.03 In February 2012, the City Council adopted an amendment to the Zoning Code that allowed a nonconforming single or two-family dwelling to be expanded without a variance if the proposed addition meets criteria set in the Zoning Code. Subd. 2(D) in Section 1325.03 establishes nine (9) provisions for the expansion of principal structures that are nonconforming for reasons of setbacks or lot dimension, provided all of the provisions are met. The Applicant’s proposal meets provisions 3 through 9 but it does not meet provision 1 or 2 established in this section and therefore requires a variance. Provision 1 of Subd. 2(D) states “the proposed addition extends no closer to a property line than the pre-existing nonconforming structure,” meaning the addition to the structure does not increase the existing nonconformity. The proposed addition in this variance application would encroach further into the required front yard setback, increasing the nonconforming front yard setback. A variance is required if a proposed addition would increase the nonconformity of a nonconforming structure. Provision 2 of Subd. 2(D) states “if the addition expands the footprint of the structure, then the proposed addition extends no closer than thirty (30) feet from the front property line or five feet from a side property line.” The setback for the Applicant’s proposed addition is 29.6 feet, which is closer than 30 feet from the front property line. A variance is required if a proposed addition would extend closer than 30 feet from the front property line. The Applicant’s proposed addition to the existing nonconforming principal structure does not meet all nine of the established criteria in the code and therefore is not permitted without a variance. A variance is required for an addition to a nonconforming structure that does not meet the provisions in Section 1325.03 Subd. 2(D).