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The dwelling and attached garage meet the side yard setbacks for the R -I District. <br />C. Lot Coverage — Meets Requirements <br />A majority of the lot is occupied by Karth Lake, leaving only 10,387 square feet (35.6%) <br />of the property above the OHW. Despite this, the new dwelling would not exceed the R-1 <br />District coverage limitations for structure or minimum landscaped area. Adding the <br />dormer will not impact impervious surface coverage of the lot. <br />D. Structure Height — Meets Requirements <br />The new dwelling meets the 35 foot height limit for the R-1 District. <br />Z. Flood Plain, Wetlands, and Easements <br />The proposed addition is outside of any flood plains, wetlands, or easements. <br />3. Additional Review <br />The applicants have been approved for the building permits from the City to proceed with <br />building, excluding the garage dormer. As a lakefront property, the applicant is required to <br />receive approval from the Rice Creek Watershed District and DNR. <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 />■ The plight of the landowner is due to circumstances unique to the property <br />not created by the landowner; <br />■ The variance, if granted, will not alter the essential character of the locality; <br />and, <br />City of Arden Dills <br />Planning Commission Meeting fog- April 8, 2009 <br />I Wetro-inet.uslardenhillslPlanniyTglPlannin Casesl2009W9-008 Yauch Variance (pending) W40809 - PC Report - Yauch Variance.doc <br />Page 4 of 7 <br />