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setbacks, though the extent of the encroachment would be reduced because the new structure would be farther from the western and southern property lines: Chart 5: Accessory Structure Setbacks Required Existing Proposed Structure Structure Western Property Line If Front Line I If Rear Line Inches 5.5ft 40ft I 10ft Southern Side Yard 10ft 6ft 6.75 ft Based on the City's Zoning Code, which is guided by State Statutes, the accessory structure could be rebuilt in its current location and at its current dimensions without a variance (Section 1350.02 of the Zoning Code): Continuation of Nonconforming Uses and Buildings. Any nonconformity, including the lawful use or occupation of land or premises shall not be expanded but may be continued, including through repair, replacement, restoration, maintenance, or improvement. However, moving the accessory structure requires a variance because the new accessory structure would still be encroaching on the front/rear and side yard setbacks. Even if the accessory structure were not moved, increasing the height of the existing accessory structure would still require a variance because that would be classified as an expansion of a nonconforming use. The applicant has submitted a letter addressing the required variance evaluation criteria for relocating the accessory structure (Attachment 3D-I). If the western property line is deemed the front property line, it may be impractical to relocate the accessory structure 40 feet from the western property line due to the amount of fill that would be needed, which is noted in the applicant's letter. However, if the western property line is deemed the rear property line, the garage would only need to move an additional 4.5 feet east and 3.4 feet north to be in a conforming location. Although some additional fill would be required, it may be a worthwhile exercise to determine how much fill would be needed to move the garage into a conforming location in order to eliminate the need for a setback variance for the accessory structure. 4. Variance 3: New Gravel Driveway Variance The existing driveway connects to Fairview Avenue, and the applicant is proposing to reconstruct that driveway. The proposed driveway would be 1,506.3 square feet of which 1067.1 square feet would be paved and 439.2 square feet would be gravel. Section 1325.06 Subd l.C.1 of the Zoning Code does not permit new gravel driveways: 1. Surfacing. Off-street parking areas and drives shall be improved with a paved surface. Such areas shall be so graded and drained so as to dispose of all surface water accumulation within the area as required by the City and the Rice Creek Watershed District. City of Arden Hills Planning Commission Meetingfor Julyll, 2007 \lMetro-inet.us\ardenhillslPlanninglPlanning Cases\2007\07-016 Gonzalez Variance (COMPLETE)\071107 - PCReport - Gonzalez Variance. doc Page 6 of 13