03-14-2005 Council Packet - Laserfiche WebLink

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r tyT'ioii t #9 05-3077 BARRY AND ROBIN O’ROURKE, 2300 SIXTH AVENUE NORTH - VARIANCE, 8:35 p.m. - 9:00 p.m. Bnrry and Robin O’Rourke, Applicants, were present. Curtis stated the City received an inquiry in November regarding a lean-to structure that was under construction that appeared to be too close to the property line. After looking into tlic file, StafT determined that no permit had been issued and a stop work notice was issued. Curtis stated the applicant did meet with staff and was told that tlie required setback for a stable, bam or otlier structure meant to house animals was 75 feet from the property lines and that the structure must be removed. Tlie lean-to was constructed less than two feet from the rear property line and approximately 45 feet from the western side lot line. At that time the O’Rourkes determined that they wanted to request an after-the-fact variance for the structure to remain at the current location. Staff informed the applicants that tliere was no hardship present in order to receive Staff approval for a variance of this type and (805-3077 Barry and Robin O’Rourke, Continued) advised the applicants again to remove the building. The applicants maitUain that there was no other viable location for the lean-to and proceeded with the after-the-fact variance application. l”he applicants are requesting after-the-fact variances in order to allow continued construction of a 16’ by 48’ lean-to horse shelter structure less than 2 feet from the rear property line and 45 feet from the western side lot line where a 75’ setback from all property lines is required for a structure used for the keeping of horses. Staff finds that based on the size of this property there is no hardship for a setback variance and that granting of this variance would serve as merely a convenience to the applicants. Therefore, Planning Staff recommends denial of the after-tlie-fact variance. Staff is also recommending that the partially constructed lean-to be removed immediately weather permitting. Mrs. O’Rourke apologized for commencing construction on the lean-to, noting that they were not aware tliat a building permit was required for an unenclosed structure. O’Rourke indicated the lean-to is designed to shelter the horses from the north wind. O’Rourke stated the lean-to needs to be within the paddocks that do house the horses, and that if she is required to meet the 75-foot setback, the lean-to would be located completely outside of one of the paddocks. In order to meet the rear setback, the lean-to would be too clo.se to the bam and too close to the fence line. O’Rourke indicated she is unable to move the fence line because of utilities in the area, and if the lean-to is located further east, there is a wooded area, which is the natural drainage for the area. O’Rourke stated they have s|)cnt thousands of dollars in an attempt to correct the drainage in that area, with drainage ditches being con.strucled all the way out to County Road 6 to hit the storm drains. O’Rourke stated she would like to retain the trees. O’Rourke stated in her opinion she has a hardship due to the location of the existing structure and the need to IcKate the lean-to in close proximity to the paddocks.