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<br />2. The applicant shall use best management practices (BMPs) to control erosion at all <br />times during construction. <br />3. Retaining walls greater than four feet in height shall be engineered and shall require a <br />building permit. <br />4. Existing retaining walls shall not be replaced and new retaining walls shall not be <br />constructed within the Lake Johauna Boulevard right-of-way without written <br />approval from Ramsey County. <br />5. The applicant shall obtain approval from the Rice Creek Watershed District prior to <br />the issuance of any building permits. <br />6. The structure shall conform to all other regulations in the City Code. <br /> <br />Variance 2: Nonconforming Accessory Structure Relocation and Rebuilding Variance <br /> <br />This variance largely depends on the designation of the western property line. If the western <br />property line is determined to be the primary front property line, then it would be difficult to <br />construct a new accessory structure 40 feet from the western property line. The applicant <br />estimates three to five feet of fill would be needed, which would be around 300 cubic yards of <br />fill for just the accessory structure. A large amount of fill may negatively impact drainage on the <br />property to the south and change the overall look of the property. <br /> <br />However, if the rear property line is designated as the rear property line, then the accessory <br />structure setback from Pairview Avenue is reduced from 40 feet to ten feet. Moving the <br />accessory structure 4.5 feet farther east and 3.25 feet farther north would eliminate the need for <br />the variance, though it would increase the need for fill. More specific calculations would be <br />needed to determine how much additional fill is required to construct the accessory structure in a <br />conforming location. <br /> <br />Since it appears to be possible to move the accessory structure into a conforming location <br />without significantly altering the topography, staff is unable to recommend approval of variance <br />number two. It would, however, be reasonable to table the application to allow the applicant <br />more time to determine how much additional fill would be needed to construct the accessory <br />structure in a conforming location. The application should only be tabled if the additional fill <br />information would affect the final decision of variance number two. <br /> <br />To approve variance number two, the findings would need to be re-stated for the record to <br />support approval. If the Planning Commissions recommends variance number two for approval, <br />Staff recommends the following conditions be included with the motion: <br />1. The project shall be completed in accordance with the plans submitted as amended by <br />the conditions of approval. Any significant changes to these plans, as determined by <br />the City Plauner, shall require review and approval by the Plauning Commission. <br />2. The applicant shall use best management practices (BMPs) to control erosion at all <br />times during construction. <br /> <br />City of Arden Hills <br />Planning Commission Meetingfor Julyll, 2007 <br /> <br />\\Metro-inet.uslardenhillslPlanninglPlanning Cases\2007\07-016 Gonzalez Variance (COMPLETE)\071107 - PC Report - Gonzalez <br />Variance.doc <br /> <br />Page 11 of 13 <br />