10-15-2001 Planning Packet - Laserfiche WebLink

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for the location of the structure. The criteria for approving th'. CUP states the building is required to be conforming in location. The building size and height are in conformance with the standards set by the Zoning Code. The survey indicates part of the lot is Hennepin County right of way. Hennepin County (per H.C.S.A.H. No 19, Plat 50, Doc. No. 1484182) acquired a right of way easement over the north portion of the lot. That portion of the property is shown on the survey. Setbacks are measured from the edge of the right of way which is the easement. The building requires a 30' setback to the property line. Only accessory buildings used as garages are permitted to be located closer than 30' to the street lot line. Removing a portion of the building to meet a 10' setback to the street property line would leave the structure 34' X 23.3' or 792 s.f. The 792 s.f. building requires a 15’ setback. Accessory buildings greater than 750 s.f., but less than 1,000 s.f. require a 15' setback. If thi building is sized to less than 750 s.f. a 4.6' variance to the side property line would be required. The option to remove a portion of the existing building to meet a 10 ’ side setback has been reviewed by the applicants, and it was determined removing that portion of the building was not feasible due to the existing batliroom and plumbing being located on the side of the house. They have stated the fact that the plumbing is installed is a unique situation. If the plumbing were located on the other side of the house, removal of a portion of the building would be possible. STATEMENT OF HARDSHIP Applicant's hardship is included with Exhibits A and B. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is being put to a reasonable use because in contains a single family residence. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The applicant has stated the building is a historic building and is in very good repair. Keeping both the boathouse and accessory building may be an amenity, but they are e.xisting buildings that have been located on the property since prior to the adoption of the current Zoning Ordinance. «0t -2728 William and Laura Stoddard 4365 North Shore Drive 10/15/01 Page 3 of 6 J