01-27-2003 Council Packet - Laserfiche WebLink

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4. 5. 6. The existing detached garage foundation is 23' from the west side lot line, conforming in setback for a detached garage but where a 30' setback is normally required for an attached garage, requiring a variance for reconstruction of the garage as an attachment to the residence. The west side lot line abuts the Dakota Rail corridor. It is expected that this corridor will eventually become a regional trail. The cul-de-sac exists within the southwest comer of the property and by City code a line drawn 10' from the edge of this public right-of-way defines the front lot line for zoning purposes. The detached garage foundation is 28 ’ from this front lot line defined by the cul-de-sac. The required front yard in the LR-1A Zoning District is 50*. The Planning Commission reviewed this application at a public hearing held on January 22,2003 and recommended approval of the lot area varainacc, denial of the side setback variance, and conditional approval of the front setback variance, and made the following findings: a)The lot area of 0.78 acres is sufficient to allow reconstruction on the site, where a residence has previously existed for many years. Removal ofthe existing residence and rebuilding using the existing foundation clearly is considered as new construction requiring that ail lot standards must be met. There is insufficient hardship to support the requested side setback variance. The lack of storage area due to lack cf a basement suggested by the applicant as a hardship, can be ameliorated by constmetion of additional space meeting the required side setback. The cul-de-sac is apparently not platted nor dedicated to the publie via known easement, but exists as a public prescriptive casement outside of and in addition to the adjacent platted right-of-way the and is therefore considered as a hardship to the property, in this unique situation, that justifies some measure of variance to the front setback requirement. Page 2 of 6