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S N v CON �y■:.:::.;:.;:.;;:.::: p■ ............:;vi }v:: is ^Xi�i:4i: �i• }iii: �.i •i T: iii}:• i}i i;::::.:::::::::::^:. i} ii :4 }ii;::::::::::: �n, i. ;�i.rry■y is .i�:. ii Ti: iiiit: i:: 4} ii::{ 4: i:::::::::::: }::y::::j; T :ti::ijiSii �;T Meeting Date: 4/13/94 Agenda Item: C 4 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request for a variance for to chapter 9 4.01 subdivision (4) of fifteen feet three inches (15' 3 to the required thirty foot rear yard setback and to chapter 9 2.04 subdivision 1(c) of two feet three inches (2' 3 to the required five foot side yard setback for 1775 Asbury Street SUBMITTED BY: Mr. Theodore Wiger, Property Owner Ms. Patricia Brugge Wiger, Property Owner REVIEWED BY: Planning Commission Susan Hoyt, City Administrator Phil Carlson, Consulting planner EXPLANATION /SUMMARY: This appears as a consent agenda item because it is a unanimous recommendation on the variance request and, therefore, practice is to put it on the consent agenda unless requested for discussion at the meeting. Background At its February 28, 1994 meeting, the planning commission reviewed a request for the variance described above for the construction of a two story addition and two story attached garage to the rear of the dwelling at 1775 Asbury Street. Prior to checking on the city's zoning code setback requirements, Mr. Wiger spent several months designing the proposed addition. He was informed about the zoning code requirements in mid February, 1994 when he submitted a site plan to the city for review. Although the lots between Asbury and Snelling Drive between Ruggles and Crawford are not atypically small in area for Falcon Heights, the Wiger lot is 7,545 square feet and Northome lots are 6,125 square feet, these lots are shallower at 75 feet and wider at 96 feet. On most Falcon Heights lots it is possible to add onto the rear of a dwelling without a variance because the rear yard is often 50 feet deep and the rearyard setback from the property line is only 30 feet. However, due to the shallow lot the Wiger's proposed two story addition would come within 14 feet of the rear yard line, well into the required rearyard setback of 30 feet. Unlike most Falcon Heights homes which are on or very near the 5 foot sideyard setback line, the Wiger house is substantially further (27 feet) from the south sideyard requirement of 5 feet. The neighbors at 1780 Snelling Drive, to the rear of 1775 Asbury, object to the proposed addition because it would encroach on the privacy in their rearyard, which is the only part of their property not impacted from traffic along Snelling Avenue. Given that the variance request was substantial and design alternatives were available without such a substantial variance, the commission recommended that the property