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09-03-25 PC Packet
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09-03-25 PC Packet
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Page 10 of 14 <br /> <br />variance application meets the statutory practical difficulties factors. Residents can often provide <br />important facts that may help in addressing these factors, however, unsubstantiated opinions and <br />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 />Variance Requirements – Section 1355.04, Subd. 4 <br /> <br />The Applicants are requesting variances for lot area, lot depth, building area elevation, front yard <br />and rear yard setbacks, shore impact zone, impervious surface coverage, structure coverage, and <br />floor area ratio to demolish and reconstruct a single-family dwelling on the property located at <br />1622 Lake Johanna Blvd and 1624 Lake Johanna Blvd. The Planning Commission will need to <br />make a determination utilizing the following variance findings and criteria on whether there are <br />practical difficulties with complying with the zoning regulations. If the Applicant does not meet <br />all the factors of the statutory test, then a variance should not be granted. Variances are only <br />permitted when they are in harmony with the 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 variances for lot dimensions, building area elevation, front yard and rear yard setbacks, <br />building in the shore impact zone, lot coverage, and floor area ratio are requested in order <br />to construct a new single-family dwelling. The subject property’s existing use is as a single- <br />family dwelling and the property is zoned R-1, single-family family residential zoning district. <br />The property is guided for low density residential use in the Comprehensive Plan. The <br />proposed single-family residential dwelling land use would comply with the purpose and <br />intent of the Zoning Regulations and the Comprehensive 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 />The proposed use for the property is as a single-family dwelling, which is its current use. <br />The Applicant notes that the lot size does not allow for the construction of a new single- <br />family dwelling as permitted by the Zoning Ordinance. Variances are requested to allow <br />for the new construction of a single-family dwelling on the property. <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 />The Subject Property was developed before the current property owner’s ownership and <br />the substandard lot area and dimensions are existing nonconformities. These <br />nonconformities are unique to the property and not created by the landowner.
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