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CCAgenda_94Apr13
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CCAgenda_94Apr13
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owner re- configure the proposed addition to use the available side yard area and, <br /> therefore, require a less substantial variance at the next meeting. For example, <br /> adjacent property owners to the north and south of 1775 Asbury constructed <br /> additions into their sideyards. Because the property's front and rear setbacks are at <br /> 28 feet rather than the required 30 feet, a variance is required to keep the same front <br /> and rear setbacks. In Falcon Heights most homes can be added onto with a rear yard <br /> addition because the rear yards are often 50 feet deep (not 28 feet), but they cannot <br /> be added onto in their sideyard because they fall too on or within a foot or two of the <br /> sideyard setback requirement of 5 feet. <br /> Recommendation <br /> The Wigers did not resubmit new plans for the addition for the March 28, 1994 <br /> meeting because they were not prepared to develop one that did not require a <br /> substantial rearyard variance with the major addition going onto the side of the <br /> structure. At the March 28, 1994 planning commission meeting, the commission <br /> recommended denying the variance. The commission recommended denial of the <br /> request for a variance because they determined that it did not meet the standards for <br /> granting a variance (attachment A). <br /> The commission considered that: <br /> 1. The property owner must a hardship in order to have a variance <br /> granted. <br /> 2. Any past variances granted by the city, and any building or site improvements <br /> that do not conform to the city's zoning code, do not create a hardship for a <br /> property owner requesting a variance, and therefore, are not a reason for <br /> granting a variance. <br /> Although there are some existing structures which encroach into the rear yard <br /> further than the 30 foot rear yard setback along this block with the shallow <br /> Tots, the city records do not show that any variances were granted for this <br /> purpose. No additions appear to be two stories in height. Two building permits <br /> for rear yard additions were found in the files. <br /> 3. A property owner's preference for how the interior space is arranged in a home <br /> or how the exterior of a home is designed are not identified as a hardship <br /> standard for granting a variance. If a variance was the only way to preserve <br /> the architectural or historical significance of a structure, this might meet the <br /> standards for granting a variance. <br /> The proposed addition of a two story attached garage to this two story home <br /> will change the exterior appearance and symmetry of the structure. <br /> 4. A fence, even a six foot high fence, or a tall hedge, will not eliminate the <br /> impact of a two story garage and house within fourteen feet of the neighboring <br /> property to the west because the addition will be substantially higher than the <br /> fence or landscaping. <br /> 5. The variance request does not meet the standards for granting a variance. <br /> Additional specific points in the discussion included that: <br /> The property is not unusually small in area for Falcon Heights. There <br />
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