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<br />Memo to Planning Commission <br />Planning Case #02-28 <br />Page 4 of6 <br /> <br />yards which are either too close to the building (per the Building Code) or low <br />lying areas (which tend to accumulate water/ponding) the applicant could not <br />place a shed on their property. Due to the unique issues on the applicant's <br />property, granting a variance from the zoning restrictions would be consistent <br />with the spirit and intent of the Zoning Ordinance while still being flexible <br />enough to meet the needs of City residents. <br /> <br />3. Could the property in question be put to a reasouable use without the <br />granting of the variance? <br /> <br />No. On corner lots in the R-I zoning district, accessory sheds are permitted uses. <br />Accessory sheds are subject to the setback requirements outlined in Section 5 of <br />the Zoning Ordinance. Therefore, a shed can be located a corner lot with a <br />standard configuration in the same R-I zoning district as the applicant's property. <br />However, the applicant's property is an unusual configuration in which the house <br />faces the northwest corner of the property (the attached garage faces Nursery Hill <br />Lane), so the rear yard area is a much smaller triangnlar piece. Furthermore, the <br />sloping of the property at its southern border drains water from the west to east <br />and creates areas ofponding in the southeast quadrant of the applicant's rear yard. <br />The Arden Hills Zoning Ordinance states in section VIII, D, 4, c and d: <br /> <br />"A variance or variances mav be granted from specific provisions of this <br />ordinance because such land factors as the length of a side of a lot, the shape <br />of the lot or the unusual terrain prohibit reasonable development <br />equivalent to that which would be permitted without variance on a <br />similar size lot located in the same district, but which lot has no unusual <br />confil!:uration." <br /> <br />If the applicant's property did not have the unusual terrain (sloping and ponding <br />in the rear yard) or the unusual orientation of the house (which creates a small <br />triangular rear yard) then the applicant would have been able to construct a shed <br />on their property just as any other corner lot in the R- I district. However, due to <br />the unusual confignration ofthe lot and the drainage and ponding issues, there is <br />no suitable place that the shed could be located on this property and meet both the <br />Building Code requirement (for separation from the main structure), and the <br />required setbacks outlined in the Zoning Ordinance. <br /> <br />In this light, staff suggests that when considering whether the property could be <br />put to a reasonable use, that "reasonable use" be viewed by what would be <br />considered reasonable on any other corner lot in the R-I district. There are <br />unusual circumstances on the applicant's property which preclude the applicant <br />from locating a shed anywhere on this property without receiving a variance. <br />This seems to indicate that the property does experience a hardship and that the <br /> <br />. <br /> <br />. <br /> <br />. <br />