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To: Planning Commission Chairman Kelley <br />Planning Commission Members <br />City Administrator Bernhardson <br />From: Michael P. Gaffron, Asst Planning & Zoning Administrator <br />Date: September 12, 1989 <br />Subject: #1456 Robert & Janet Emfield, 2240 Devin Lane - <br />After -the -fact Variance - Public Hearing <br />Zoning District - RR-lB, 2 acre, unsewered <br />Application - Request for after -the -fact structure -to -structure <br />setback variance for detached garage. <br />List of Exhibits <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Exhibit D <br />Exhibit E <br />Exhibit F <br />Exhibit G <br />Exhibit H <br />- Application <br />- Plat Map <br />- Property Owners List <br />- Survey <br />- Applicants' Letter of <br />- Letter from Mr. & Mrs. <br />- Construction Plans <br />Request <br />Childs (buyers) <br />- Documentation from 1984-1985-1986 <br />Pertinent Facts - <br />1. This is an after -the -fact application for a variance to <br />construct a detached garage separated from the existing <br />house a distance of approximately 5.3' where a 10' <br />separation is normally required. This garage was <br />constructed in 1984 without the required building permit. <br />Although inspections were apparently done on the garage in <br />conjunction with inspections for a deck which did have a <br />permit, the inspector apparently was unaware that the deck <br />permit had ultimately not included the garage. This was <br />discovered some months later and the property owner war <br />notified. The property owner referred the problem to the <br />builder, who never did resolve the issue. This was again <br />brought to the Emfield's attention recently during the sale <br />of their house, and they are hoping to resolve this in order <br />to finalize the sale. <br />2. A survey submitted by the garage and deck contractor in 1984 <br />showed a 22'x24' garage with a 10' setback to the principal <br />structure. His drawing was not to scale, and obviously in <br />order to meet side setbacks, the garage ended up less than <br />the required 10' setback from the house. The existing side <br />lot line setback is 12.3' at the northeasterly corner, <br />meeting the 10' side setback for a detached garage (but if <br />this garage was to be attached, would not meet the required <br />30' side yard setback for an attached garage). <br />