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D. Structure Height — Meets Requirements <br />The existing dwelling with the proposed addition meets the 35 foot height limit. <br />2. Flood Plain, Wetlands, and Easements <br />The proposed addition is outside of any flood plains, wetlands, or easements. There is a five <br />foot drainage and utility easement that runs along the side and rear property lines. The <br />applicant would not be permitted to construct anything in this area. <br />3. Tree Preservation Ordinance <br />The proposal would require the applicant to remove four river birch trees that are located to <br />the rear of the existing garage. These trees are six and seven inches in diameter and so would <br />not be considered significant. There is no replacement requirement associated with the <br />project. <br />4. Additional Review <br />This application may require Rice Creek Watershed District approval prior to the issuance of <br />any building permits. If the variance is approved, a condition has been added requiring <br />RCWD review prior to the issuance of building permits. <br />The Building Official has reviewed this application and has no objections to the proposed <br />variance. <br />Variance Evaluation Criteria <br />The criteria listed below must be used to evaluate each of the variance requests. <br />A. Variance Review Criteria — Section 1355.04 Subd. 4.C: <br />Variances from the literal provisions of the Zoning Code may be granted in instances <br />where the strict enforcement would cause undue hardship because of circumstances <br />unique to the individual property under consideration. Variances shall only be granted <br />when it is demonstrated that such actions will be in keeping with the spirit and intent of <br />the Code. "Undue hardship," as used in connection with the granting of a variance, <br />means: <br />■ The property in question cannot be put to a reasonable use under conditions <br />permitted by the Zoning Code; <br />City of Arden Hills <br />Planning Commission Meeting for July 2, 2008 <br />IIMetro-inet.uslardenhillslPlanninglPlanning Cases 12008108-020 Walker Variance (Pending) 1070208 - PC Report - Walker Variance. doc <br />Page 4 of 8 <br />