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02/23/94 17:23 04512 337 5801 DSU, INC. 11003/005 Wlger/Variances 2/28/94 2 The existing house is only slightly non conforming with respect to the front and rear setbacks, both of which are about 28 feet now, compared to 30 feet required by ordinance. Many of the homes on the block between Asbury and Snelling are in the same situation and have front and rear setbacks slightly less than the 30 feet required, but all appear to be at least 25 feet. None are as small as the 14' -7" setback requested by the applicants here. The nearby corner houses on Garden Street face perpendicular to the side streets and are separated by about 10 feet. But this is a side yard condition, not a rear yard. '4 The existing detached garage conforms to the required setbacks. it is set back 6' -9" and 8' -7" from the side and rear yards respectively. The required setback for both side and rear is 5 feet. The "rear 20 rule from §9 -2.04 Subd. 1 (c), which would allow a 1 foot setback, does not apply here. It only applies if there is an alley at the rear of the lot. The proposed project will result in the following: 1) The rear setback for the house will be reduced from 28' -7" down to 14' -7 requiring a substantial variance from the required 30 feet. The proposed addition is two stories tall, which makes the situation even more intrusive. 2) The side setback for the new garage will be reduced from 6' -9' to 2' -9 also requiring a variance, but a small one, from the required 5 feet. 3) The rear setback for the new garage will be reduced from 8' -T to 5' -7" no variance needed. 4) The front setback for the house will not change no variance needed. Many of the lots on this block are of similar size to the Wiger lot and face the same constraints: adequate width, but less than adequate depth or area. Some lots in the area have been combined or rearranged to make larger lots, including the neighboring lot at 1789 Asbury. Even on the smaller lots, the homes and garages in the immediate vicinity appear to follow a common pattern: homes set back almost 30 feet both front and rear, garages set back 5 feet side and rear. Even though the Wiger lot is small, there is room to expand on the south side of the house without needing a substantial variance. The applicants have chosen instead to expand to the west, Into the rear yard. While the existing house may pose some difficulties in expanding to the south, this has to be weighed against the public interest in encroaching into the setback areas. The rear yards on this block are already shallow and the houses seem very close to one another. To allow an encroachment other than a garage would break the pattern that exists in these rear yards, and set a negative precedent.