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. . . Memo to Planning Commission Planning Case #02-28 Page 4 of5 Yes. The combination ofthe Side Yard Corner Setback area, grading of the property, and the unique orientation of the building create a situation where the applicant does not have a viable site for an accessory building. There are two other locations on the Jot which appear suitable for a shed; however, those locations would not work because they are lower lying areas which tend to accumulate water. 2. Would granting the variance be in keeping with the spirit and intent of the City's Zoning Ordinance? Yes. The Zoning Ordinance was intended to create reasonable restrictions on properties in the City. However, since the Zoning Ordinance does not consider unusual orientation of buildings and water drainage issues on properties, it is not always reasonable to enforce the Zoning Ordinance to its full extent. Due to the unique issues on this property, granting a variance from the zoning restrictions would be consistent with the spirit and intent ofthe Zoning Ordinance while still being flexible enough to meet the needs of City residents. 3. Could the property in question be put to a reasonable use without the granting of the variance? No. The property could be used as a single family residence with a garage but with no other accessory buildings. However, accessory sheds are permitted as accessory uses for all properties in the R-l and R-l zoning districts. If a variance were not granted then this property would not be allowed to have an accessory use which is commonplace in Arden Hills. Furthermore, the Arden Hills Zoning Ordinance states in section VIII, D, 4, c and d: "A variance or variances of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration." Basically, if the applicant's property were not oriented at the awkward angle and did not have the drainage issues, then the applicant would be able to construct a shed on their property since a shed could be sited on most ofthe properties in the surrounding area. 4. Was the hardship created by the owner? No. The hardship was created by the original builder/owner ofthe house and the neighboring property to the west, which eliminated other possible locations for an accessory shed.