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Attach. E City of Falcon Heights Planning Commission 28 March 1994 ITEM: Consideration for a request for a variance 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: Theodore Wiger, property owner REVIEWED BY: Phil Carlson, AICP, planning consultant Susan Hoyt, City Administrator ADDITIONAL INFORMATION FROM FEBRUARY 28, 1994 MEETING: Commission suggestion. The planning commission deferred the decision on the request for a variance for a sideyard and rearyard setback as requested by Mr. Wiger until the March 28, 1994 meeting in order to permit the property owner, Mr. Wiger, to revise his proposed construction plans to require a Tess substantial variance request than the one presented to the commission (see minutes and attachment 1). Communication with Mr. Wiger. On March 1, 1994 Mr. Wiger stopped by city hall to ask what his next step should be regarding the variance request. Staff explained that the commission suggested that he revise his plans so he does not require a substantial rear yard variance. Staff asked that plans be submitted by March 18 so they could be reviewed prior to the agenda being prepared for the planning commission meeting. This was followed up with a letter (attachment 2). After Phil Carlson further researched the city's non conforming use requirements as they apply to existing setbacks, Phil confirmed that Mr. Wiger would need a variance even if he maintained the current rear and front yard setback because they are at 28 feet rather the required 30 feet (attachment 3). (A non- conforming sideyard setback does not need a variance.) Staff informed Mr. Wiger of this by letter on March 9, 1994 (attachment 4). Although Mr. Wiger stopped by city hall for information on city setback requirements for all types of uses (garages, driveways, fences, additions) in early March, as of this writing staff has not received plans nor heard from Mr. Wiger about his plans.