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02-12-24-R
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02-12-24-R
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established for covered porches, meets the design guidelines established in the Zoning Ordinance <br />Procedure Manual, and is integrated into the principal structure through proposed exterior <br />materials and the roof design. There is also a provision that a covered front porch in the 40-foot <br />front yard setback shall not be converted to a four season porch. The Applicant's proposed covered <br />porch addition would meet the requirements established for a covered porch addition but because <br />the principal structure is nonconforming and does not meet the requirements for the expansion of <br />a nonconforming structure, a variance is required. <br />4. Variance Review <br />The role of the City Council is to determine and consider how the facts presented to them compare <br />with the city's articulated standards. The Council should base their decision on the facts presented <br />and then apply those facts to the legal standards contained in city ordinances and relevant state <br />law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. <br />While the City Council may feel their decision should reflect the overall will of the residents, the <br />task in considering a variance request is limited to evaluating how the variance application meets <br />the statutory practical difficulties factors. Residents can often provide important facts that may <br />help in addressing these factors, however, unsubstantiated opinions and reactions to a request do <br />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 construct a covered front porch addition to the existing <br />principal structure that would impede on the required front yard setback in the R-1 Residential <br />District. The City Council will need to make a determination utilizing the following variance <br />findings and criteria on whether there are practical difficulties with complying with the zoning <br />regulations. If the Applicant does not meet all the factors of the statutory test, then a variance <br />should not be granted. Variances are only permitted when they are in harmony with the general <br />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 Comprehensive <br />Plan. <br />The variance request for 1666 Oak Avenue is for a proposed covered front porch addition. <br />The Subject Property is zoned R-1, Single Family Residential District and is guided as Low <br />Density Residential on the 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 term <br />"Practical Difficulties" as used in the granting of a variance means: <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 7 of 10 <br />
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