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

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ARDEN HILLS PLANNING COMMISSION - JULY 11, 2007 7 D. PLANNING CASE #07-016 - VARIANCE: RICHARD GONZALEZ; 3441 LAKE JOHANNA BOULEVARD Mr. Lehnhoff stated the applicant is requesting three variances for a proposal to redevelop 3441 Lake Johanna Boulevard, The first variance request is a rear/front yard setback encroachment for a dwelling with an attached garage. The second variance request is to relocate and reconstruct a nonconforming accessory structure, The third variance request is to construct a new partial gravel driveway, He indicated because this application involves three separate variance requests that are not contingent upon each other, the analysis, recommendation, and conditions for each variance is provided separately. Variance 1: Dwelling Front/Rear Yard Setback Encroachment The findings of fact for variance number one do not specifically support 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. 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 ofthe landowner is due to circumstances unique to the property not created by the landowner," is the difficult evaluation criterion, While there is an existing conforming dwelling on the property, it is smaller than the neighboring houses and the topography does present some unique challenges for redevelopment The topography would require fill to redevelop the property with the proposed plans and to meet a full 30 foot setback from Fairview Avenue. Before making a motion for approval or denial, this specific variance evaluation criterion must be addressed for the record, If the Planning Commission recommends approval on this variance, Staff recommends the following six conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approvaL Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission, 2. The applicant shall use best management practices (BMPs) to control erosion at all times during construction. 3. Retaining walls greater than four feet in height shall be engineered and shall require a building permit 4. Existing retaining walls shall not be replaced and new retaining walls shall not be constructed within the Lake Johanna Boulevard right-of-way without written approval from Ramsey County. 5, The applicant shall obtain approval from the Rice Creek Watershed District prior to the issuance of any building permits,