HomeMy WebLinkAbout2020-012 , T-
EN
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2020-012
RESOLUTION DENYING A VARIANCE
FOR THE SUBJECT PROPERTY 3159 SHORELINE LANE
WHEREAS, City Staff received a land use application for a variance request to build a
deck on lakeside of a single family detached dwelling in the R-2 district at 3159 Shoreline Lane
("Subject Property")with a thirty-nine foot, six inch(39' 6") setback from the ordinary high water
level;
WHEREAS, the Subject Property is an improved single family dwelling (constructed
1962) on a legal non-conforming lot that does not meet the R-2 district standards for minimum lot
width;
WHEREAS, under state law and city ordinance a variance may be granted when it is in
harmony with the general purposes and intent of the zoning ordinance if enforcement of a provision
in the ordinance would cause the landowner practical difficulties;
WHEREAS, City Staff reviewed the application and the Planning Commission reviewed
the application on February 5, 2020, at which time all persons present at said meeting were given
an opportunity to be heard and present written statements;
WHEREAS, the Planning Commission considered the Findings of Fact provided by the
City Staff, this request was approved and, as such voted 5-0 in favor of the request; and,
WHEREAS, the City Council considered the recommendation and application at its
meeting on February 24, 2020;
WHEREAS, at its meeting the Councilmembers reviewed the application and made the
following Findings of Fact:
1) The Planning Commission recommendation is inconsistent with historical
recommendations for variances or deviations from standards for lakeside decks
(Mayor Grant).
2) Of the comments submitted from neighbors, four or five were in opposition to
the variance due to neighborhood concerns (Councilmember McClung).
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3) The Subject Property has had several code violations regarding parking on site
and the current project was started without permit applications or approvals
(Councilmember Scott).
4) Due to climate change, the Ordinary High Water Mark of many water bodies is
likely to increase in the coming years, raising the potential for problems with
any additional setback encroachments for structures (Councilmember Scott).
5) Granting the variance would set bad precedent, encouraging further
applications for additional structure encroachments into lakeside setback areas,
and the property owner can replace the previous deck with the same dimensions
as a matter of right under the Code (Councilmembers Scott, Holden, Holmes).
6) The City Code has additional provisions seeking to preserve viewscapes for
neighboring lakeshore properties, including provisions regarding setback
averaging and opacity of fencing materials,approving the requested variance in
this case would serve to harm sightlines and viewscapes of neighboring
properties (Mayor Grant).
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF ARDEN HILLS:
Hereby adopts Resolution 2020-012 denying Planning Case 19-020 for a variance request
at the Subject Property 3159 Shoreline Lane to enable a thirty-nine foot, six inch(39' 6") setback
from the ordinary high water level, as not in harmony with the current City Code, character of the
community, or reasonable use of the Subject Property, and that any proposed structure shall
conform to all standards and regulations in the City Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN
HILLS THIS 91h DAY OF MARCH, 2020.
/"Imf
Mayor
Attest:
t Clerk
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