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Planning Commission Date: 2/28/94 Agenda Item_ ITEM: Request for variances to §9 -4.01 Subd. 4(c) of fifteen feet three inches (15'x'') to the required thirty -foot rear yard setback, and to §9 -2.94 Subd_ 1(c) of two feet three inches (2' -3 to the required five -foot side yard setback for 1775 Asbury Street SUBMITTED BY: Theodore Wiger, property owner REVIEWED BY: Philip Carlson, AICP, City Planning Consultant EXPLANATION/DESCRIPTION: Mr. Wiger is requesting variances to the rear yard setback and side yard setback in order to construct a two -story addition to the house and a new two -story double garage. The addition and garage are shown on the attached site plan sketches. There are two separate variance requests, although they are part of one integrated building project. They will be discussed together in this report, but there are two separate staff recommendations, and the Planning Commission should make separate recommendations on the two requests. The rear yard setback variance is requested in order to accommodate expansion plans for the kitchen, living room, dining room, and upstairs bedrooms. The applicant believes it is necessary to extend west, encroaching on the rear yard, instead of south into the available lot area on the south side of the house. The side yard setback variance is requested to accommodate a new 22 -foot wide garage, replacing the existing 18 -foot wide garage, which is in poor shape and too narrow by today's standards. Staff Analysis: The Wiger lot is below the minimum size requirement for the R -1 District. The lot is 79' x 96', or about 7,545 square feet in size; the ordinance minimum is 10,000 square feet. The width is adequate, but the depth is less than typical or desirable. The ordinance states, in §9 -2.03, that such a non-conforming lot may not be more intensively developed Many of the lots on the block between Asbury and North Snelling Drive are of similar dimensions as the Wiger lot Even though the existing lot and house are non conforming as to area, they are conforming in their use, and the ordinance standards in §9 -2.02, Subd. 8(b) and 9(a) apply. These standards allow alterations, additions, or enlargement of non- conforming uses as long as all other standards (including setbacks) are adhered to. The proposed project does not meet this test, since both the house and garage need setback variances.