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9. The park dedication fee was satisfied in 1975 and no additional park dedication fee is required with this subdivision. 10. The proposal has been submitted to the Rice Creek Watershed District for review. Variance Findings 11. The blanket ten foot front yard setback reduction is a reasonable use in the R - 3 Zone because it continues the style and type of development in other parts of the R-3 Zone. The other parts of the Hazelnut Park subdivision have smaller front yards in favor of larger rear yards. 12. According to the applicant, there are nnique circumstances related to the topography and location of the parcel that has created a hardship that warrants approval of the blanket ten foot front yard setback variance. Approving the variance would reduce the impact of the hardship. The applicant has submitted the following findings of fact: 1. The land has steep rear slopes on Lots I, 2, 4, 5, 6, and 7 of Block I; 11. Wetlands in the rear of Lots 7 and 9 of Block 2; 111. Lots 1-5 of Block 2 are bordered by the City trail and power line. 13. The ten foot front yard setback reduction would not change the character of the neighborhood. The setback reduction would continue the neighborhood character, in terms of dwelling location, of the Hazelnut Park #1 and #2 subdivisions. 14. The variance reduction is not based on economic considerations alone. The request is based on the character and style of the surrounding development as well as topographical and location difficulties. Staff Recommendation Based on the fifteen findings of fact related to the Preliminary Plat and Final Plat proposal, Staff does recommend approval of the Preliminary and Final Plat subject to the ten below conditions. As discussed in past planning case reports, evaluating variance applications based on the criteria in State Statutes can be a difficult endeavor. Although past variance approvals do not set precedent for current variance applications, Staff is of the opinion that it is important to continue the neighborhood character set in the first and second phases of the Hazelnut Park subdivision provided that the State Statute variance evaluation criteria are met. The variance letter submitted by the applicant and the four findings of fact related to the variance (findings 11-14) do appear to meet the requirements set by State Statutes. While a different interpretation of the findings may be reasonable, Staff is recommending approval of the blanket variance to reduce the front yard setback by ten feet from 40 to 30 feet. Staffs recommendation for approving the Preliminary Plat, Final Plat, and Variance is subject to the following ten conditions: . City of Arden Hills Planning Commission Meetingfor June 6, 2007 \lMetro-inet.uslardenhillslPlanninglPlanning Cases\2007\07-0/4 Hazelnut Subdivision 3 Preliminary Plat-Final Plat - Variance (PENDING) \051807 - PC Report - Haze/nut Park 3 - Plat and Variance.doc Page 12 of15