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The existing dwelling and accessory structure are single level structures and do not exceed any height limits. The proposed dwelling would be at the 35 foot height limit, and the relocated accessory structure would not exceed the height of the existing accessory structure. D. Side Setbacks - Variance Required A variance is not needed for the side setbacks for the proposed new dwelling. 2. Variance 1: Dwelling Front/Rear Yard Setback Encroachment The applicant is proposing to construct a new dwelling that would be thirteen feet from the westem property, which is within the required front or rear building setback. Depending on the designation of Fairview Avenue as the front or rear property line, the following setbacks would apply to the dwelling: Chart 4: Setback from Fairview Avenue ROW Proposed If Front Line If Rear Line Setback Standard Requested Standard Requested Setback Encroachment Setback Encroachment PrinciDal (dwellino) 13 It 40 It 27 It 30 It 17 It If the westem property line is designated as the rear line, the intensity of the encroachment for the dwelling would be reduced from 27 feet to 17 feet. The applicant has submitted a letter explaining the reasons for the requested setback encroachment. The letter also includes proposed findings of fact to support the variance request (Attachment 3D-I). The slope to Lake Johanna Boulevard is significant, and moving the structure farther east to increase the setback from Fairview A venue would likely require a reduction in the size of the proposed dwelling or hauling in significant amounts of fill. The existing dwelling is quite a bit smaller than the proposed and dwelling, and it does not encroach on any setbacks. 3. Variance 2: Nonconforming Accessory Structure Relocation and Rebuilding Variance The applicant is proposing to demolish the existing 485.4 square foot accessory structure and construct a new accessory structure that is of the same dimensions but moved slightly to the north and east (Attachment 3D-3). The existing accessory structure is classified as nonconfomling because it encroaches on the southern side and westem front/rear setbacks. The new accessory structure would also encroach on the southem side and westem front/year setbacks, though the extent of the encroachment would be reduced because the new structure would be farther from the westem and south em property lines: City of Arden Hills Planning Commission Alee/lng/or July} J, 2007 \lMcfro-iI/CI.lIslardeuhills\P/a/lningIPlmmillg Cases\2007\07-0J6 Gonzalez Variance (PC Table)1071 107 ~ PC Hepar! M G01lZo!ez Variancc.doc Page 5 of 13