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In this type of residential PTD, it is not uncommon for an individual residential lot to not <br />conform to the lot coverage regulations. Shared green spaces are often used to offset the <br />coverage on a lot, particularly when the lots are smaller. The Hunters Park neighborhood <br />includes seven acres of shared private green space. It is unlikely that the neighborhood as <br />a whole exceeds the lot coverage limitations; however, that cannot be verif ed without a <br />neighborhood -wide review. <br />D. Structure Height — Meets Requirements <br />The existing dwelling with the proposed addition would not exceed the 35 foot height <br />limit. <br />2. Flood Plain, Wetlands, and Easements <br />The proposed addition is outside of any flood plains, wetlands, or easements. <br />3. 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 Hunters Park Architectural and Environmental Committee, along with the two adjacent <br />neighbors, have approved the proposed addition (Attachment A). <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 o f Arden Dills <br />Planning Commission Meeting for July &, 2009 <br />P: I Planning (Planning Cases 12009109-012 Nelson VarianceW70809 EI70809 - PC Report - Nelson Variance (3).doc <br />Page 5 of 8 <br />