CCP 03-13-2000 - Laserfiche WebLink

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. Findings - Rear Yard Setback Variance, The Staff would conclude that the following factors relate to the requested variance: e I. Circumstances Unique to the ProDertv: The property borders property owned by the U.S. Fish and Wildlife Service for protection of Round Lake. There is over 200 feet between the deck and porch area and the ordinary high watermark. 2. Variance not greater than necessary: The proposed structure can be reduced or relocated to either side of the home without needing a variance; however, the proposed room addition would not be allowed and the deck would be very smalL 3. Condition not created bv the landowner: The current homeowner was not the original homeowner of this property. There are no remarks on the original building permit indicating that the builder was told that a deck would not be allowed from the three patio doors. 4. Reasonable develooment: Other properties in the immediate area have decks in the rear of the home however variances were not needed. It does not appear that the neighbors would be impacted by this addition due to the large lot size and no neighbor to the rear of the property. Deadline for Agency Actions, The City of Arden Hills received the completed application for this request on January 31, 2000. Pursuant to Minnesota State Statute, the a City must act on this request by Friday, March 31, 2000 (60 days), unless the City _ provides the petitioner with written reasons for an additional 60-day review period. The additional review period would extend to Monday, May 29, 2000. The City may, with the petitioners consent, extend the review period beyond the Monday, May 29, 2000, date. Lastly, if the City denies the petitioners request, "...it must state in writing the reasons for the denial at the time that it denies the request." Recommendations, The Planning Commission recommends approval of Planning Case #00-15, rear yard setback variance for an addition and deck based on the "Findings - Rear Yard Setback Variance" section of this Staff report with the following condition: 1. If the structure is damage in excess of the building code threshold for damage the variance would no longer be valid. Note: Zoning Ordinance Section VIII, E, 4, states no application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said order of denial. Updates: None e