08-13-07 Agenda Item 4C - Laserfiche WebLink

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A well-detailed zoning code can be helpful in ensuring that a neighborhood consist of very uniform, non-descript houses of neutral character mindlessly injected into the center of each property. However, the reality is that some properties and neighborhoods do not satisfy the underlying assumptions and preferences on which many ofthe Code's provisions are founded. My property is not flat, nor rectangular in shape, and its intrinsic value makes it inappropriate to construct upon it a house of average or typical characteristics. Similarly, the neighborhood largely does not fit the present zoning code's demands, as many of the houses were constructed long before the zoning code, and with some regard for logical and attractive layout. The Planning Commission has noted that it would be possible for me to fit my proposed house upon the property without resort to a variance, i[I were to reduce the size of the proposed garage from three stalls to two stalls. Although this observation is absolutely correct, it is also entirely irrelevant for several reasons: . Regardless of whether the garage is to have one, two, or three stalls, it is logical to have as much of the garage as possible located on the portion of the lot which is near street level. It makes no sense whatever to push the garage site into the area of the lot where 4 to 6 feet of fill is required. . Although the average house in Arden Hills may have a two-car garage, one would be hard-pressed to identify many houses built adjacent to Lake Johanna during the past 10 or 15 years that do not have at least a 3-car attached garage. Indeed, a quick drive around the lake reveals no lack of 4-car attached garages. This is not particularly surprising, given that lakeside residents tend to acquire boats. . One must consider "reasonable use" for the property. Given that the land value is approximately $360,000 ($1,000,000 per acre) it should be expected that a house of above-average value be constructed on it. A 3-car (or larger) garage is a standard feature of houses in that category. If the Planning Commission has a "problem" with 3-car garages, they should request that the Council amend the zoning code to prohibit them throughout the City. . If my request for the variance were to be denied, I could construct the house with a 2-stall attached garage, and construct a one-stall garage adjacent to it, encroaching into the 30-ft rear-yard setback, as far as the I O-ft point. This would be 8 feet closer to the property line than what I am requesting in the variance application! Considering the above information, I believe the variance request is based on a logical evaluation of the site conditions, consideration of "reasonable use", and proper consideration of adjacent properties. Consequently, I believe my variance request represents a reasonable and justifiable departure from the Zoning Code's generic provisions, and urge that the Council approve it. I look forward to the Council's consideration of this matter at its August 13 meeting. Richard Gonzalez