07/12/1995 P&Z Packet - Laserfiche WebLink

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AGENDA ITEM V A STAFF ORIGINATOR Mary Kay Wyland DATE July 12, 1995 TOPIC Variance for Wenzel Farms Townhomes BACKGROUND ............................................ ............................................. The Wenzel Farms Townhome Development was approved by the City in April of 1991. The preliminary plat showed 75 townhome units along a private roadway adjacent to T.H. 49/Lake Drive. This preliminary plat indicated a setback of 40' for the townhome units from the state highway right-of-way as required by the City's Zoning Ordinance in all zoning districts. Earlier this Summer, Goldstar Builders received a building permit to construct five (5) townhomes on Lots 7,8,9, and 10. The survey document submitted with the permit application indicated the property line and building location but did not indicate the location of the highway right-of-way. Because these townhomes are within a Planned Unit Development, rear yard setbacks to the property line do not apply. Following installation of the block work it was discovered that the buildings were located within the required 40' setback from the street right-of-way. An "as -built" survey revealed the following setbacks: Lot 11 11.9' from T.H.49 ROW Lot 10 20.5' from T.H.49 ROW Lot 9 29.5' from T.H.49 ROW Lot 8 38.6' from T.H.49 ROW Lot 7 47.7' from T.H.49 ROW The Builder was contacted and a red tag placed on the job to stopped further construction. The Builder was advised that his options included the following: 1. Remove the encroaching townhome units, thus eliminating four of the five buildings. 2. Apply for an Amended PUD that would allow construction elsewhere on the site if space available. 3. Apply for a variance. A Variance Application has been submitted. The Builder has redesigned the townhome units providing for a setback of 29.5 feet for Lots 11, 10. The requested variances would be for 11.5' on Lots 11, 10 and 9, and 1.4' on Lot 8.. No variance is necessary for Lot 7. A letter has been received from the Area Right of Way Manager at MnDOT indicating that the State leaves all set -back regulations to the local governmental units.