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Issues for discussion <br />1. <br />2. <br />3. <br />The entire residence is located within the 50 ’ setback from the alley. <br />This property is the only property that currently uses the alley for access. <br />The property owners to the north have proposed to vacate the alley and assist the Larson ’s <br />to gain access to Orono Orchard Road. If at some time in the future the alley is vacated all <br />proposed improvements on the applicant’s property would conform to all required setbacks. <br />4. The deck was constructed by previous property owners without obtaining a permit or <br />vanance. <br />STAFF RECOMMENDATION <br />Staff recommends approval of the variance to permit encroachment into the required setback <br />based on the following: <br />1. <br />3. <br />4. <br />5. <br />6. <br />The setback in question is a result of a platted alley that is used only by the Larson <br />property. <br />2. The alley is not improved beyond the Larson ’s property. <br />The impacted property across the alley from the Larson ’s (Lots 4 and 5) is owned and <br />combined with Lots 20 and 21. <br />The existing house was constructed prior to the adoption of the Zoning Code within <br />the 50 ’ required yard setback. <br />There is no other location on the property the applicants could construct additions <br />without encroaching into the setback. <br />There is a potential the alley could be vacated should access be gained from Orono <br />Orchard Road in the future. If the alley is vacated the improvements would meet all <br />required yard setbacks. <br />M24 72 Sandra Larson <br />S40 Orono Orchard Road <br />Variance <br />4/19/99 <br />Page 3