08/28/2000 Council Packet - Laserfiche WebLink

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AGENDA ITEM 7 A STAFF ORIGINATOR: Mary Kay Wyland MEETING DATE: August 28, 2000 TOPIC: Steve Krause, 8025 Wood Duck Trail, Variance VOTE REQUIRED: Simple Majority DESCRIPTION: Mr. Krause is requesting a variance to allow the construction of a 40' x 40' (1600 sq.ft.) detached garage in front of his home at 8025 Wood Duck Trail. The property is Zoned Rural and guided for low- density unsewered residential development in the draft Comprehensive Plan. According to the Zoning Ordinance, Mr. Krause is allowed a total of 3600 square feet of accessory building space on his 3.25 acres. Construction of this proposed structure will bring his total accessory building space to 2,384 square feet which is well within the requirements of the Ordinance. The Zoning Ordinance also provides, in Section 3, Subd. 4. D. Accessory Buildings and Structures. 1.a. "No detached accessory structure shall be closer to the front lot line then the principal building or its attached garage." Thus the variance requested is to allow the accessory building in front of the principal building. Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Mr. Krause has submitted a sketch indicating that he has a heavily wooded lot with a drainage ditch and wetland area in the north/west corner. He has limited space for this proposed structure as his drain field and septic tank occupy the south/east corner of his property. In review of the site Staff concurs that there is a hardship created by the lay of the land. A letter has been submitted by the adjoining property owner, to the north, indicating no objections to the location of the accessory structure in front of the home.