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AGENDA ITEM 6 B STAFF ORIGINATOR: Mary Kay Wyland DATE: May 22, 2000 TOPIC: Carl Johnson, 310 Carl Street, Variance VOTE REQUIRED: Simple Majority DESCRIPTION: This case involves a request for a Variance from the City's Zoning Ordinance, Section 3, Subd. 4.D. Accessory Buildings and Structures, 1. General Provision. c. No detached accessory structure shall be closer to the front lot line then the principal building or its attached garage. Carl Johnson is the owner of Lot 11, Block 1, Lino Air Park North, and has been since October of 1996. The property is Zoned Rural and is approximately 1.4 acres in size. When Mr. Johnson purchased this lot, the City's Zoning Ordinance did not contain the provision outlined above and, in fact, allowed accessory buildings and structures anywhere on the lot provided required setbacks were maintained. Special provisions allowed Air Park lots 3200 square foot hangers. The section of the ordinance referenced above was added to the Zoning Ordinance when it was amended in July of 1997. Mr. Johnson is, therefore, asking for a Variance from this section of the ordinance to allow construction of a hanger in front of the principal building. A review of the file on the Lino Air Park North reveals the following: • The Lino Air Park was originally platted in 1976, at that time, Carl Street did not extend past Lot 9 due to a large ditch. • The Developer, Roger Kolstad, requested information concerning extending Carl Street to serve lots 10 — 14 in July of 1993 at which time a development agreement was drafted by the City Engineer, Darrell Schneider. • The final Development Contract for Lino Air Park North, Lots 10 -14, was signed and financial guarantees posted in May /June of 1996. • A Rice Creek Watershed District was amended and approved in August of 1996, this permit provided ponding and flowage easements over Lots 10 -14 with specified areas for septic systems, hangers and house pads. The development plan indicated all hangers on the runway side of the lots. • The roadway and ponding work was completed in September of 1996. • On October 14, 1996, Mr. Carl Johnson requested a revision to the ponding and flowage easements over Lot 11. This revision was approved by the RCWD and the City Council. The Certificate of Survey presented at that time showed the proposed dwelling on the runway side of the lot and the hanger on