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STAFF ORIGINATOR- Mary Kay Wyland <br />DATE July 21, 1995 <br />TOPIC Variance for Wenzel Farms Townhomes, Goldstar <br />Builders <br />IACKGRO <br />The Wenzel Farms Townhome Development was approved by the City in <br />April of 1991. The preliminary plat showed 75 townhoe units along <br />a private roadway adjacent to T.H. 49/Lake Drive. This preliminary <br />plat indicated a setback of 40' for the townhome units from the <br />state highway right-of-way as required by the City's Zoning <br />Ordinance in all zoning districts. <br />Earlier this Summer, Goldstar Builders received a building permit <br />to construct five (5) townhomes on Lots 7,8,9,10 & 11. The survey <br />document submitted with the permit application indicated the <br />property line and building location but did not indicate the <br />location of the highway right-of-way. Because these townhomes are <br />within a Planned Unit Development, rear yard setbacks to the <br />property line do not apply. Following installation of the block <br />work it was discovered that the buildings were located within the <br />required 40' setback from the street right-of-way. An "as -built" <br />survey confirmed the following setbacks: <br />Lot 11 <br />Lot 10 <br />Lot 9 <br />Lot 8 <br />Lot 7 <br />11.9' from T.H.49 ROW <br />20.5' from T.H.49 ROW <br />29.5' from T.H.49 ROW <br />38.6' from T.H.49 ROW <br />47.7' from T.H.49 ROW <br />The Builder was contacted and a red tag placed on the job to <br />stopped further construction. The Builder was advised that his <br />options included the following: <br />1. Remove the encroaching townhome units and/or redesign the <br />structures. <br />2. Apply for an Amended PUD that would allow construction <br />elsewhere on the site if space available. <br />y for a variance. <br />A Variance Application has been submitted. The Builder has <br />redesigned the townhome units providing for a setback of 29.5 feet <br />for Lots 11, 10. The requested variances would be for 11.5' on <br />Lots 11, 10 and 9, and 1.4' on Lot 8. No variance is necessary for <br />Lot 7. <br />A letter has been received from the Area Right of Way Manager at <br />MnDOT indicating that the State leaves all *et -back regulations to <br />the local governmental units. <br />