4C, Planning Case 09-006, Conditional Use PErmit Amendment at 3900 Bethel Road

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attached garage would be increased in height and also include a dormer, extending to the front of the garage itself The dormer is purely decorative and would not be an occupied space. While a majority of the garage, including the raised roof, is outside of the setbacks, the portion within the 6.4 feet front yard encroachment would be noticeably enlarged by the addition of the dormer. While the City allows legally nonconforming structures to be rebuilt on the existing footprint with a similar volume, Section 1350.04 states that nonconforming buildings shall not be enlarged to occupy a greater area or height that augments its nonconformity. Thus, a variance is required to allow the dormer to be constructed on the second story of the garage. When the home was originally constructed in 1979 it met both the front and shoreland setbacks at the time. The front yard setback appears to have been 30 feet at the time, since most of the homes in this area are setback similarly. In addition, Karth Lake has increased in depth dramatically over the years due to the absence of adequate drainage out of the lake. A water pump has since been installed to stop the encroachment of the lake into the surrounding properties. The result of this geographic anomaly is that the homes around the lake have lost between 20 and 30 feet of property, making most of them non-conforming. Had the lake not risen the applicants' home could have simply been rebuilt to meet the front and shoreland setbacks and the dormer would not have become an issue. Staff has included an aerial photograph of the property from 1953 that indicates the water level change (Attachment B) The applicant has submitted a letter addressing the variance criteria, a survey of the property, and elevations of the dormer (Attachment B). Findin2S of Fact The Planning Commission offers the following fifteen findings of fact for review: General Findings 1. The lot size meets the requirements of the R-l Zoning District. 2. The lot meets the width and depth requirements for the R-l Zoning District. 3. The new dwelling does not meet all property line setbacks. The dwelling and garage will encroach 10.4 and 6.4 feet into the front yard setback respectively. Portions of the dwelling will also encroach on the 50-foot OHW setback from Karth Lake. 4. The dwelling and garage meets all side yard setbacks for the R-I Zoning District. 5. The structure coverage meets the requirements of the R-l Zoning District. 6. The minimum landscape area meets the requirements of the R -I Zoning District. 7. The new dwelling will not exceed the 35 foot height limit. 8. Dormers are permitted features within the R-l Zoning District. 9. The existing dwelling is outside of the IOO-year flood plain, wetlands, and easements. 10. The applicant has been issued all the necessary building permits by the City to construct the dwelling with the exception of the garage dormer. Ci~y of Arden Hills City Council Meeting.for May 11, 2009 \ IMetro-inet.uslardenhillsIPlanningIPlanning Cases12009\09-008 Yauch Variance (pending) \05 1 109 - CC Report - Yauch Variance.doc Page 2 of 4