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11-05-25 PC Packet
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11-05-25 PC Packet
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Page 10 of 12 <br /> <br />associated with a residential use. Staff notes that there could be other variances required, subject <br />to the review of variance application materials submitted by the Applicant. <br /> <br />Driveway and Residential Access – Nonconforming <br />In Section 1325.06 Requirements for Parking, Loading and Circulation, each property which abuts <br />one or more public streets, shall be entitled to at least one access to a public street. Single family <br />uses shall be limited to one (1) access per property. The existing Subject Property A does not abut <br />a public street and is accessible by a driveway easement from Lake Johanna Blvd. The request <br />would not change this and Subject Property A would remain nonconforming with this standard. <br /> <br />Subject Property B, which abuts Lake Johanna Boulevard, does not have access along this roadway <br />and instead uses a driveway partially located on Subject Property C for access to Oak Avenue. As <br />proposed, the Minor Subdivision would incorporate the lot area where the driveway is located into <br />Subject Property B, which addresses street access requirement for the property and brings the <br />property into compliance with the driveway access provision. <br /> <br />Further Review <br />As demonstrated, the Minor Subdivision request would require additional requests for variances <br />based on the nonconformities identified through the review of the initial request. For consideration <br />of these variances, the Applicant would need to submit a narrative that addresses the six hardship <br />criteria as outlined in Section 1355.04 Subd. 4 in the Zoning Code. The criteria are included as <br />reference: <br />1. Purpose and Intent. The variance request shall comply with the purpose and intent <br />provisions of City's Zoning Regulations and with the policies of the City's Comprehensive <br />Plan. <br /> 2. Practical Difficulties. The applicant for a variance shall establish that there are <br />practical difficulties in complying with the provisions of the Arden Hills Zoning <br />Regulations. The term "Practical Difficulties" as used in the granting of a variance means: <br /> a) Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the Zoning Ordinance. <br /> b) Unique Circumstances. The plight of property owner is due to circumstances <br />unique to the property not created by the landowner. <br /> c) Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> 3. Economic Consideration. Economic consideration alone does not constitute a <br />practical difficulty. <br /> 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems <br />shall be considered a practical difficulty. <br /> <br />Based on information provided by the Applicant for the proposed minor subdivision, it is staff’s <br />assessment based on existing permitting and property ownership records that the Applicant, as the <br />owner of Subject Properties B and C, is responsible for the accessory structures that are present on <br />the two lots. Therefore, the circumstances requiring a variance were created by the landowner <br />which does not meet the Unique Circumstances criteria. Staff has conveyed to the Applicant that <br />they are invited to submit the materials required for a variance request application for full review <br />and evaluation based on the hardship criteria. <br /> <br />Additional Review <br /> <br />Public Works Director/City Engineer
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