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Home My WebLink About2022-058 'It �ENHILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2022-058 RESOLUTION APPROVING A VARIANCE FOR THE SUBJECT PROPERTY 1861 HIGHWAY 96 W WHEREAS, on November 1, 2022, Katie Bach and Nate Cmeil ("Applicants") applied for a front yard setback variance from the City Code for the property located at 1861 Highway 96 W. and legally described on Exhibit A attached hereto ("Subject Property"); WHEREAS, the Applicants are proposing to demolish the existing structures and rebuild one principal structure on the Subject Property which would require a variance to allow a front yard setback of 28 feet versus 40 feet as required by city code; WHEREAS, 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, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 500 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does not require a public hearing; WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission, acting as the Board of Adjustment and Appeals,duly held a hearing on December 7, 2022, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; WHEREAS, on December 7, 2022, the Planning Commission recommended approval with conditions of the reduced front yard setback variance for the Subject Property based on the findings of fact and submitted plans by a 6-0 vote. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2022-058 approving Planning Case 22-022 for a variance request at the Subject Property 1861 Highway 96 W for redevelopment of the nonconforming parcel with a reduced front yard setback. Page 1 of 3 To view the final document,access adopted Resolutions via Arden Hills Public Laser fiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. BE IT FURTHER RESOLVED that City Council approves Planning Case 22-022 for a variance request at the Subject Property 1861 Highway 96 W., based on the findings of fact and the submitted plans in the December 19, 2022 Report to the City Council, as amended by the following conditions: 1. A Building Permit shall be issued prior to the commencement of demolition and for the new home construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, Minnesota Department of Natural Resources,U.S.Fish and Wildlife Services,and Ramsey County prior to the start of any site activities. 4. Upon completion of grading and utility work on the site, a grading as-built and utility as-built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A right-of-way permit shall be required for work performed within the City right-of- way. 9. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal,preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 19tb DAY OF DECEMBER 2022. David Grant, Mayor t Attest: JJuheanson, City Clerk Page 2of3 To view the final document,access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. EXHIBIT A TO RESOLUTION NO. 2022-058 it,st part of the M 1/4 of the IM 1/4 and the ➢fast 132 fort of the NN 1/4 ,of the XX 1/4 of Section 21, Township 30, Rsnge 23, RemssY aovnty, Kinneeota lying Kortheasterly of the following described lines "ginning at a point On the north line of said Sectica 21 distant 24:6 feet 1 st of the northwest oormr of esi$ Section 21f thence Southeasterly cos a straight line to a point which is 170 lest South of the north line of maid Section 21 and distant 33 fact West of the Fast line of maid KE 1/4 of the WW 1/4P thence South parallel with the Ent lime of said KB 1/4 of the !ei 1/4 to a point on the South line of tbs 11 1/10 of the MV 2/4 of said 8eotion 211 thencia Bast an Said South line to the meet lice of said MR 2/4 of the nW 3/4# thew* Best On the sautb Lto of the n 1/10 of the W 1/4 of said section 21 and its i'ntersoet on with the nortlmafatWLY extension of the Scutlnrosterly lines of Wt 1, Block 2, IAn9jwB u mOssrme1 theme Southeasterly to the Southwesterly corner of said Lot 2 and mAid Jim there terminating and wxcspt that part of maid nR 1/4 of the 3Q 1/4 described as follow*, Beginning at the moat Maxtlarly corner of Lot 1, 81ook 2, IAXZSIUU 110 1MITRmi thence South on the nest line of said Lot 1 to the,Southwest corner c"_ gait] Lot 11 thence Northwatarly an the Worttnresterly rs*enaion of the Soutteresterly I'm e of said Lot 1, a distance of Ba.64 feet# tber4A 11orthmaeterly to the point of boginainq, and except that portion of the A 1/2 of Seotl6n 21,- Twnahip 30 North, Range 23 nest'Of the 4th Principal Meridian, described as follow.x beginning at a point an the Met line of the WW 114, 210.0 feet South of the Korthmmt. corner thereof# thence north 40 degrees 52 minutes want, 52.9 feet, more or leas, to the intersection with a line 33.0 feet West of and parallel to the Fast line of the M 1/41 thence South along a line 33.0 feat vest of and parallel to the East line of the nM 1/4 to the intersection with the wrath line of the n 1/10 of the N 2/2 of SWUM 21; thlnoe Hest alanq the With line of the 11 1/10 of the n 1/2 of Section 21i 61<.0 feet, then" Fortb 34 dmWe" 00 x1mmss nest. 63.3 feet, more or less to thim point of beginning_.__$WbJect two Skate T9 11 MOWRY@ 00- 10 and 96. Page 3 of 3 To view the final document,access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. I