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■ Economic considerations alone shah not constitute an undue hardship if <br />reasonable use for the property exists under the terms of the Code. <br />Findinp's of Fact <br />Staff offers the following fifteen findings of fact for review: <br />General Findings <br />1. Although the 8,712 square foot lot was approved as part of the Hunters Park PUD, it does <br />not meet the minimum requirements of the R-3 Zone. <br />2. The existing dwelling encroaches into the required front, side, and rear setbacks. The <br />detached garage encroaches on the southern side yard setback. <br />3. The proposed addition would encroach into the rear yard setback by eight feet and into <br />the front yard setback by four feet. <br />4. The proposed addition does not encroach on either side setbacks <br />5. The landscape area would be reduced from 67 percent to 60 percent of the lot. A <br />variance is required to reduce landscape area below 65 percent. <br />6. The dwelling with the proposed addition would not exceed the 35 foot height limit. <br />7. Dwellings are permitted structures within the R-3 Zone. <br />8. The existing dwelling and the proposed garage are outside of the 100 -year flood plain, <br />wetlands, and easements. <br />Variance Findings.- <br />9. <br />indings.9. A dwelling and addition are reasonable uses within the R-3 Zone. <br />10. The nonconforming lot size for the R-3 Zone, which was approved as part of the PUD, <br />may present a unique situation that warrants the requested variances. There are no <br />unique topographical conditions. <br />11. It is unlikely the proposed addition would have a negative impact on the property or the <br />neighborhood. The addition would not increase the encroachment of the existing home <br />and would be screened from neighbors by the detached garage. <br />12. The increase lot coverage is unlikely to have a negative impact because of the shared <br />adjacent shared green space to the north of the subject property. There is a total of seven <br />acres of Homeowners Association common green space throughout the neighborhood. <br />13. The proposed plans and setback variance for the dwelling do not appear to be based on <br />economic considerations alone. <br />14. The applicant has received approval from the Hunters Park Architectural and <br />Environmental Committee for the proposed addition. <br />Staff Analysis <br />The findings of fact for this variance requests support a recommendation for approval. A single <br />family home is a permitted use in the R-3 Zone, and the addition is not an unreasonable use in <br />City of Arden Hills <br />Planning Commission Meeting for July 8, 2009 <br />P: IPlanninc Oannina Cases 12009109-012 Nelson VarianceW70809 -PC Report -Nelson Variance (3).doc <br />Page 6 of 8 <br />