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Chart 5: Accessory Structure Setbacks Required Existing Proposed Structure Structure Western Property line If Front Line I If Rear Line Inches 5.5ft 40 ft I 10ft Southern Side Yard 101t 61t 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 lawfu[ use or occupation of [and 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 nonconfot111ing use. The applicant has submitted a letter addressing the required variance evaluation criteria for relocating the accessory structure (Attachment 3D-I). If the westem property line is deemed the front property line, it may be impractical to relocate the accessory structure 40 feet from the westem 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 confot111ing location. Although some additional fill would be required, it may be a w0l1hwhile exercise to detem1ine how much fill would be needed to move the garage into a COnf0t111ing 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 A venue, and the applicant is proposing to reconstruct that driveway. The proposed driveway would be 1,506.3 square feet of which ]067.1 square feet would be paved and 439.2 square feet would be gravel. Section 1325.06 Subd 1.C.l 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 Ar/eetingfor July I 1 , 2007 l\,lfelro-im.'f.lIs1ardcn!JiIls\PlallllillgIPlalllling Cases\2007107-016 Gonzalcz Variance (PC Table) 107/ 107 - PC Report- Gonzalez Varimlcc.doc Page 6 of 13