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Meeting Date: 1/25/93 'S Agenda Item: 6 ITEM DESCRIPTION: Amendment to variance in Section 9-4.01[4](b) of the zoning code for 2099 Folwell Avenue SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION On May 18, 1992,the planning commission approved a variance for a sideyard setback for a proposed new home at 2099 Folwell Avenue. The variance granted a 1 1/2 foot variance in the east side lot line for the northeastern rear five feet of the structure in order to save an existing elm tree. The remainder of the structure met or exceeded the required five foot setback in the zoning code. The adjacent city easement property is currently vacant, and may in the future be used as a pedestrian way between the Grove neighborhood and the path at the bottom of the hill (see attachment A, map) . In 1970 the city dedicated 25 ft. of the right of way easement to the University of Minnesota to add to this property. To date the structure has not been constructed. The surveyor on the job called to the staff's attention that the required sideyard • setback is not 5 feet on this property, but 20 percent of the lot width (or in this case, 21 ft., 4 in.) because the property abuts an existing public right of way, (Chapter 9, Section 4, Subdivision 4(b) of the city code). The five foot setback requirement is for property abutting residential property (Chapter 9 Section 4.01, Subdivision 4(c) of the zoning code.) Therefore, the planning commission is asked to amend the previously granted variance to 17 feet, 10 inches from the eastside property line of the northeastern five feet of the structure and a maximum of 16 feet, 4 inches from the eastside property line for the remainder of the structure. (See attachment B, site plan.) ATTACHMENTS: A - Report from May 18, 1992 B - Diagram C - Standards for granting a variance D - Proposed resolution ACTION REQUESTED: Amend the variance granted on May 27, 1992 for 2099 Folwell Avenue for an eastside yard setback of 17 feet, 10 inches for the northeastern five feet of the structure and for a maximum of 16 feet, 4 inches from the east side property line for the remainder • of the structure. Findings: It meets the criteria for granting a variance specifically #g 6-C.