09-25-1989 - Agenda Packet City Council - regular meeting

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"I'M NEET r,, � To: Mayor Grabek & Orono Council Members SEF 2 519 City Administrator Bernhardson CITY Of ARONn From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 21, 1989 Subject: #1456 Robert & Janet Emfield, 2240 Devin Lane After -the -fact Variance - Resolution Zoning District - RR-lB, 2 acre, unsewered Application - Request for after -the -fact structure -to -structure setback variance for detached garage. List of Exhib is Exhibit A - Planning Commission Action Notice of 9/19/89 Exhibit B - Jeanne Mabuscz.'s Memo of 9/20/89 Exhibit C - Michael Gaffron's Background Memo of 9/19/89 Exhibit D - Memo & Exhibits of 9/12/89 Exhibit E - Proposed Resolution Discussion - Please review the memo and exhibits of September 12, 1989 and September 19, 1999. Briefly, the applicants employed a contractor to construct a detached garage in 1984. That garage was built without the required permits, although it apparently was inspected during concurrent construction of a deck on the property. The applicant had twice notified the contractor to obtain the proper permit, which he never did. Some time after the garage was constructed, it was found to be less than the required 10' setback to the principal structure. Staff has had this property on a list of unresolved issues since 1986. Now that the owner is selling the property, both the applicant and the purchasers of the property are requesting that the after -the -fact variance be granted and the issue finally resolved. Planning Commission at their September 18th meeting recommended approval on a vote of 6-0 conditioned on the applicants obtaining the appropriate building permit and waking whatever necessary firewall modifications are needed to the garage based on the existing 5.3' setback. Current and future homeowners would be advised that the detached garage and attached garage must rema-in structurally detached from each other, since connecting those two structures would require a side setback variance to the 30' minimum side setback for principal structures in the 2 acre zone. Staff Recommendation - Staff recommends approval per the Planning Commission recommendation. A resolution for approval is attached.