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• <br />• <br />AGENDA ITEM 5E <br />STAFF ORIGINATOR: Tanda Gretz <br />P & Z MEETING DATE: November 12, 2003 <br />TOPIC: Variance from the required 5 -foot side yard <br />for accessory buildings <br />Kerry Burnham/Don Sina - Capital Homes <br />6750 Black Duck Drive <br />ACTION REQUIRED: 3/5 vote <br />BACKGROUND <br />Capital Homes has constructed a home at 6750 Black Duck Drive (Lot 4, Block 7, Lakes <br />Addition No. 2). The survey submitted for the proposed construction showed a side yard <br />setback on the accessory/garage side at 5 feet, and on the home side at 15 feet. The Lino <br />Lakes Zoning Ordinance requires the following side yard setbacks: five feet for accessory <br />buildings and 10 -feet for principle structures. Thus, the proposed setbacks for the <br />property were in compliance with ordinance requirements. <br />After homes are constructed, the City requires that an "As- Built" survey be done to verify <br />that the home has been built to specifications. The as -built survey for this property <br />showed that the required five -foot side yard setback for the garage had not been met, <br />being only 4.5 feet rather than the required 5 feet. For this reason, the applicant is asking <br />for a 6 -inch variance from ordinance requirements. <br />This report is based on the following exhibits: <br />1.) General Location Map. <br />2.) Courtesy Letter to Neighboring Property Owner. <br />3.) Certificate of Survey ( "as- built" construction), dated October 14, 2003. <br />