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<br />_____________________________________________________________________________________________ <br />City of Arden Hills <br />Planning Commission Meeting for April 9, 2025 <br />P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP <br />Page 7 of 14 <br />relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a <br />variance request. While the Planning Commission may feel their decision should reflect the <br />overall will of the residents, the task in considering a variance request is limited to evaluating how <br />the 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 /> <br />The Planning Commission may impose conditions when granting variances as long as the <br />conditions are directly related and bear a rough proportionality to the impact created by the <br />variance. For instance, if a variance is granted to exceed the front setback limit, any conditions <br />attached should presumably relate to mitigating the effect of the encroachment. <br /> <br />2. Variance Requirements – Section 1355.04, Subd. 4 <br /> <br />The Applicant requests a variance to construct a principal structure addition to the southwest <br />elevation of their existing principal structure that would exceed the maximum structure coverage <br />of 25 percent and increase the existing structure coverage from 26.9 percent to 27.3 percent in the <br />R-3, Townhouse and Low-density Multiple Dwelling District. In 2009, the Subject Property was <br />approved for a structure coverage variance at 26 percent and today the existing structure coverage <br />is 26.9 percent. The Planning Commission will need to make a determination utilizing the <br />following variance findings and criteria on whether there are practical difficulties with complying <br />with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then <br />a 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 1126 Benton Way is for a principal structure addition. The Subject <br />Property is zoned R-3, Townhouse and Low-density Multiple Dwelling District and is guided <br />as Low Density Residential on the Land Use Plan. 1126 Benton Way was developed as part <br />of the Hunters Park neighborhood PUD. <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, the proposed principal structure addition would address a <br />temperature control problem within the dwelling. Fluctuations in temperature and <br />humidity have resulted in damage to the Applicant’s property and the issue has not been <br />addressed through other measures to maintain a consistent climate within the dwelling.