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. • <br /> �,`. FILE 06-3226 <br /> October 16,2006 � <br /> Page 1 of 2 � <br /> � Date Application Received: 8/14/06 <br /> Date Application Considered as Complete: 8/14/06 <br /> �xtended Review Period �xpires: 12/12/06 � <br /> To: Cllair Bremer and Plamiing Conunission Members <br /> Ron Moorse, City Administrator <br /> From: Evelyn Turner, City Plaiulei: f ' <br /> Date: October 16, 2006 � <br /> Subject: 06-3226 Edwarci aud Nancy Bierman, 505 North Feriidale Road <br /> - Setback Variance <br /> ' -Public Hearing . • <br /> ----------------------------------------------------------------------------------- <br /> Zoning District: RR-1B (2 acres) <br /> Lot Area: 2.14 acres <br /> Lot Width: 80 feet <br /> Application Sccnanzary: Tlie applicants request a side setback variance for the existing <br /> garage, which was inadvertently const�ucted with a 21 foot setback when a 30 foot setback <br /> is�re uired. . <br /> Staff Reconz��ze�z�latio�a: Plaiuung De artment Staff reconuneilds a roval. <br /> Pertinent Zoning Ordinance Sections <br /> Sec. 78-420. Area, height, lot width and yard requirerueiits. <br /> (b) Lots. The following minunum requirements shall be observed: <br /> Lot Area Lot Width Froiit Yard Side Yard Rear Yard <br /> 2 acres 200 feet 50 feet 30 feet 50 feet <br /> List of Exhibits <br /> A. Applicatioii � � <br /> B. Hardslup Docunientation Foi7n <br /> C. EYisting Conditions <br /> D. Building Pernut Survey • <br /> E. Plat Map � <br /> F. Properry Owners List � <br /> Background � <br /> This house was const�ucted in 1981. The Biermans purchased it iil 1987. Iii 2005 tlie house <br /> fo the southeast was torn dowii aud a new one consi�ucted. When that lot was staked for the <br /> new house the applicants were surprised at ihe location of the coiiuzlon �roperty line. A <br /> poi-�ioii of their garage is within the 30 foot requi�•ed setback. This portion of the garage is <br /> illegal since tUe side setback requirenlent was 30 feet wheii tlie house was constructed. As aii <br /> illegal structure it does iiot have any of-.the riglrts of a non-conForming structzue. <br /> Theoretically the City could require its reiiioval. <br />