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The property is zoned R-1, Single Family Residential. The lot size outside of the road right-of- <br />way will be 11,214 sf. which exceeds the minimum 10,800 sf requirement. The house was <br />constructed 1935 according to Anoka County GIS Tax Link data. CSAH 34 (Birch Street) is a <br />minor arterial road and West Shadow Lake Drive is a local road. <br />The County initiated talks with the property owners regarding acquisition of the entire property; <br />however, the property owners were not interested. The parties have agreed to the roundabout <br />road right-of-way easements with the condition that variances be granted to make the existing <br />house and deck structures legal conforming. Without the variances, the structures would be <br />considered legal non -conforming and subject to the regulations of the City's Non -Conforming <br />Uses and Structures ordinance. <br />Building Setback Variance <br />Per Section 1007.090(2)(d), the required building setback from a local street (West Shadow <br />Lake Drive) is 30 feet and from an arterial road (Birch Street) is 40 feet. The following chart <br />summarizes the setback variances: <br />Street IF <br />Required Setback <br />Proposed Setback <br />Variance <br />West Shadow Lake <br />30 ft <br />34.3 ft <br />No variance needed <br />Drive <br />CSAH 34 (Birch St) <br />40 ft <br />28.3 ft-southwest <br />11.7 ft <br />corner of house <br />CSAH 34 (Birch St) <br />40 ft <br />29 ft-southwest corner <br />11 ft <br />of deck <br />CSAH 34 (Birch St) <br />40 ft <br />34 ft-south perimeter <br />6 ft <br />of deck <br />Fence Height <br />The property owners also requested a berm and 6 ft privacy fence be installed on the southwest <br />section of the property for additional screening. City code Section 1007.043(17)(f)-Screening, <br />Landscaping and Buffer Yards allows for a 6 ft screen between residential uses and arterial <br />roads. The screen can be a 6 ft fence, berm or a combination of both. Typically, these screens <br />are located along the side or rear lot lines of a residential development, not along the front lot <br />line. <br />Section 1007.043(18)(f)-Fences and Walls does not allow for a fence greater than 4 feet in height <br />in the front yard. A variance to allow for a 6 ft cedar privacy on a 1.5 ft berm in the front yard as <br />shown on the attached Boundary Survey would provide additional screening and privacy and <br />eliminate future any issues or concerns with the screen fence. <br />2 <br />