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02-12-24-R
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square feet or 76.04%. The proposed addition would decrease the total landscaped area to 17,141 <br />square feet, or 75.03% percent of the property. The plans for the addition include a decrease in <br />front stoop and front walk impervious surface coverage for a total decrease in landscaped area of <br />231 square feet. <br />Structure Coverage — Meets Requirements <br />The R-1 District allows for a maximum structure coverage of 25% or 5,711.5 square feet of the <br />Subject Parcel. The existing structure coverage is 3,323 square feet or 15%. The proposed addition <br />would increase the total structure coverage by 253 square feet for a total of 3,576 square feet, or <br />16% of the Subject Property. <br />2. Exceptions to the Minimum Requirements for All Districts (Single and Two -Family <br />Nonconforming Dwellings) —Section 1325.03 <br />Variance Requested <br />In February 2012, the City Council adopted an amendment to the Zoning Code that allowed a <br />nonconforming single or two-family dwelling to be expanded without a variance if the proposed <br />addition meets criteria set in the Zoning Code. Subd. 2(D) in Section 1325.03 establishes nine (9) <br />provisions for the expansion of principal structures that are nonconforming for reasons of setbacks <br />or lot dimension, provided all of the provisions are met. The Applicant's proposal meets provisions <br />3 through 9 but it does not meet provision 1 or 2 established in this section and therefore requires <br />a variance. Provision 1 of Subd. 2(D) states "the proposed addition extends no closer to a property <br />line than the pre-existing nonconforming structure," meaning the addition to the structure does not <br />increase the existing nonconformity. The proposed addition in this variance application would <br />encroach further into the required front yard setback, increasing the nonconforming front yard <br />setback. A variance is required if a proposed addition would increase the nonconformity of a <br />nonconforming structure. <br />Provision 2 of Subd. 2(D) states "if the addition expands the footprint of the structure, then the <br />proposed addition extends no closer than thirty (30) feet from the front property line or five feet <br />from a side property line." The setback for the Applicant's proposed addition is 29.6 feet, which <br />is closer than 30 feet from the front property line. A variance is required if a proposed addition <br />would extend closer than 30 feet from the front property line. <br />The Applicant's proposed addition to the existing nonconforming principal structure does not meet <br />all nine of the established criteria in the code and therefore is not permitted without a variance. A <br />variance is required for an addition to a nonconforming structure that does not meet the provisions <br />in Section 1325.03 Subd. 2(D). <br />3. Exceptions to the Minimum Requirements for All District (Covered Porches for Single - <br />Family Detached Dwellings) —Section 1325.03 <br />Meets Requirements <br />The Applicant's proposed addition would not be permitted without a variance as the proposed <br />would increase an existing nonconforming setback and extend closer than 30 feet from the front <br />property line. Before May 2005, an addition into the required front yard setback would require a <br />variance, whether the principal structure was already conforming or nonconforming with the <br />City of Arden Hills <br />City Council Meeting for February 12 2024 <br />P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR <br />Page 5 of 10 <br />
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