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1. The lot size of 15,241 square feet and the lot dimensions are confonning 111 the underlying R-2 Zone. 2. The existing dwelling meetings all property line setbacks. 3. The proposed dwelling would be as close as 18 feet to the western property line, which is a twelve foot encroachment into the rear setback. 4. The proposed dwelling does not encroach on any other required setbacks. 5. The existing detached accessory structure is nonconfornling because it encroaches into the south em side yard and western property line setbacks. The existing accessory structure is inches from the western property line and approximately six feet from the southern side property line. 6. Reconstructing the existing accessory structure to the same dimensions or less would not require a variance. 7. The proposed new dwelling does not exceed the 35 foot height limit. 8. The proposed new dwelling and accessory structure are permitted uses in the R-2 Zone. 9. The existing dwelling and the proposed garage are outside of the lOO-year flood plain, wetlands, and easements. 011 the Variallce Request: 10. A dwelling with attached garage is a reasonable use within the R-2 Zone. 11. The topography of the property is somewhat unique, and that may warrant a setback variance from the rear property line for the dwelling with the attached garage. 12. Given the location of the property and development characteristics of adjacent properties, it is unlikely that the proposed dwelling and attached garage would negatively impact the character of the surrounding neighborhood or City. The structure to the south is 40 feet from the western property line while the structures to the north are close as ten feet to the western property line. 13. The proposed plans and setback variance for the dwelling do not appear to be based entirely on economic considerations. Staff Analvsis and Recommendation The findings of fact for the variance do not specifically SUPPOlt a recommendation for denial or approval. A single family home is a permitted use in the R-2 Zone and it is a reasonable use for this property. The variance is unlikely to negatively impact the neighborhood or City because there is already a structure on the property and other nearby properties encroach on the rear setback. It does not appear that the variance is based on economic considerations alone. As is often the case, the evaluation criterion that states, "The plight of the landowner is due to circumstances unique to the property not created by the landowner," is the difficult evaluation criterion. While there is an existing confornling dwelling on the property, it is smaller than the neighboring houses and the topography does present some unique challenges for redevelopment. The City of Arden Hills Plal/ning Commission Meeting/or August J, 2007 HJfefro-illcr.lls\ardclIhillsIPlnllllillgIPlmmillg Cases\2007107-0J6 Gonzalez Variallce {PC TabJe)I080J07 - PC Report- GOl/zalez Variance. doc Page 7 of9