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PC Meeting - 9/26/94 <br />Page 3 <br />Motion was seconded by Treadwell and unanimously approved. <br />REQUEST FOR A VARIANCE TO CHAPTER 9 §4.01 Subd. 4c OF THE ZONING <br />CODE OF 26.2' FROM THE REQUIRED 30' REAR YARD SETBACK TO <br />CONSTRUCT AN ATTACHED GARAGE AT 1437 W. CALIFORNIA <br />City Administrator Hoyt explained that James LeJeune and Donna Tretheway, <br />property owners, would like to convert their existing attached one car garage <br />into a family room and add a bathroom and an attached double car garage. <br />Hoyt stated that the zoning code, which requires a 30' rear yard setback for an <br />attached garage, was not designed to address an attached garage accessed <br />from an alley because there are very few attached garages with this situation. <br />The uniqueness of this situation created a hardship and a need for a variance to <br />construct an attached double garage with access from an alley. The proposed <br />garage with the 26.2' variance was consistent with the neighbors garages and <br />was screened by a fence and landscaping from the neighbors to the east and <br />west. The new garage would have the access door on the alley 3.8' from the <br />rear property line. Hoyt said that if the garage were detached and accessed <br />from the alley, the minimum setback would be 5'. The 3.8' access was <br />adequate to get into the garage. <br />Hoyt further explained that the situation was unusual in that a building permit <br />had been issued prior to the variance being heard by the planning commission. <br />The building permit was issued for a set of plans that met the requirements of <br />the zoning code. The property owners were informed that if the city did not <br />grant the variance that they would have to construct a garage that met the <br />zoning code. This procedure had been discussed with the city attorney prior to <br />approval of the building permit. <br />Hoyt said that the property owners provided the commission with a signed <br />statement from their abutting neighbors stating that the neighbors did not <br />object to the variance. Staff also notified the adjacent property owners about <br />the variance request and received no calls. <br />Hoyt said that there are three hardships associated with this request for a <br />variance. <br />• 1. Without a variance, the homeowner would have to build a detached <br />double garage in the NE corner of the lot with a garage door off of the <br />