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1 <br />0 <br />Application Dale: 9/18/01 <br />Deadline: M6/01 <br />TO: Chair Hawn and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: Paul Weinberger, Zoning Administrator/Planner <br />DATE: November 16.2001 <br />SUBJECT: «01 -2722 Michael and Monica Brown <br />1241 Brown Road South <br />Variances <br />Zoning District: RR-1B, 2 acre. One Family Rural Residential <br />Backf round: Planning Commission tabled this application in October to allow the propert> owner to <br />consider options to the site plan in relation to garage size and setbacks. Applicants had made an application <br />requiring variances to permit construction of a 28' X 24' detached garage to replace an e.xisting garage. The <br />proposed garage is proposed to be located 6' ofTthe south (Minnetonka Avenue) property line. The south <br />property line is defined as a side yard adjacent to street yard requiring a SO' setback. The garage doors are <br />facing the street, which also requires a 30' setback regardless of zoning district. The garage is also proposed <br />to be located S' from the rear property line where a 10' setback is required. <br />The second part of the application was to replace an existing fence that is 6* in height w ithin the side yard <br />adjacent to street (Minnetonka Avenue) setback where a maximum height fence is allowed to be 3 Vi. The <br />fence is a privacy fence to the back yard. The fence is located 27 from the property line. The Planning <br />Commission did state general support for the fence height variance. <br />Property owners have not submitted a new plan to revise the garage location or access to the property. <br />However they have stated they are agreeable to move the garage back an additional S' from the property line <br />The total setback to the property line would become 11', rather than 6'. The other issue is the S' setback to <br />the alley. Suff can support a S' setback to the alley. The City does not intend to develop the alley as a <br />traveled road. All that the alley is used for is for electric service. The hardship is the location of a mature <br />pine tree that is located behind the garage. <br />The proposed garage would be consistent with the development along Minnetonka Avenue as the otiier <br />detached garages face directly towards the street. The property owners have also agreed to reduce the size <br />of the outside parking area to only accommodate a width of one to one and a half cars. <br />Please read the attached October Staff Report for additional background. <br />Staff Recommendation <br />Staff recommends approval of variances to permit replacement of a 6' fence within SO' of the street property <br />line. Staff also recommends approval of variances to permit an IT side yard adjacent to the street setback <br />and a S' setback to the alley based on the proposed garage meets the development pattern of surrounding <br />properties along Minnetonka Avenue and the alley is not intertded to be used for roadway purposes. The <br />width of the alley and the S' side setback exceed the 10* that would normally be required for a structure <br />setback to an adjacent property.