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I. <br />0/> <br />Application Deadline: 9/3/02 <br />60 Day Deadline: 11/1/02 OCf <br />REQUEST FOR COUNCIL ACTION <br />Department Approval: <br />Name: Wendy Bottenberg <br />Title: Zoning Administrator <br />C/ry <br />^ ^ 2002 <br />DATE: <br />ITEM NO. d- <br />Agenda Section: Zoning <br />Item Description: i^02-2822 Danielle Henely <br />3422 Livingston Avenue <br />Variances <br />Exhibits: <br />A Resolution <br />B Staff Report and e.xhibits of 9/16/02 <br />Application Summary: <br />1. Section 10.03, Subdivision 9 (D): Accessory Building location: No detached garages or other <br />accessory building shall be located nearer the front or street lot line than the principal building on <br />that lot. <br />2. Section 10.03, Subdivision 10: Conditional Use Permit - Accessory Building: All accessory' <br />buildings on through lots located in "R” Districts shall require a conditional use permit. <br />Application Summary’: The applicant has requested a variance to permit a detached garage to be <br />located between the principal structure and the street. The 400 s.f detached garage will be located at <br />the front of the property approximately 31 ’ from the street and 10’ from the side property line. <br />A conditional use permit is required because this lot is considered a "through" lot. by Zoning <br />Code definition a "through" lot is a lot which has a pair of opposite lot lines abutting two <br />substantially parallel streets, and which is not a comer lot. On a through lot, both street lines <br />shall be front Hues for applying the Zoning Chapter. The lot abuts streets at the front and rear: <br />Livingston Avenue and Shady’wood Road <br />A deck was illegally constructed by the prior owner on the north and east sides of the house. <br />Planning Commission recommends revisions to that deck to meet an acceptable setback to <br />Shadywood Road and reduce its height so that a structural coverage variance will not be <br />necessary’. If a deck railing is still needed and is greater than 42 inches, a variance to street <br />setback should be granted. <br />PLANNING COMMISSION: <br />Planning Commission recommended by a 7 to 0 vote to: <br />Approve application with the following conditions: <br />• Detached garage to be limited to 440 s.f.