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Page 6 of 10 The Applicant has submitted a shoreland mitigation plan with the variance land use application (Attachment F) with two intended practices identified to mitigate any adverse effects of the proposed deck. 3. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. Variance Requirements – Section 1355.04, Subd. 4 The Applicant is requesting a rear yard setback for decks variance to build a new larger deck in place of an existing deck on the property located at 3254 Hamline Avenue North. The Planning Commission will need to make a determination using the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the applicants do not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The Applicant is proposing to replace an existing deck with a new larger deck attached to a single-family dwelling on the Subject Property. The Subject Property is zoned R-1, Single Family Residential District and it is designated for Low Density Residential in the 2040 Comprehensive Land Use Plan. The proposed use of the Subject Property and the variance request comply with the purpose and intent of the provisions of the City’s Zoning Regulations and the policies of the City’s Comprehensive Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance.