07/14/2004 P&Z Packet - Laserfiche WebLink

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• • • Bacchus Variance July 14, 2004 page 2 Location Guided Land Use Existing Zoning Subject Property Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) North Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) East Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) South Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) West Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) Setback Requirements Section 6, Subdivision 1 of the City of Lino Lakes Zoning Ordinance requires that a 5- foot side setback be provided for all accessory structures. The applicant was issued permits for the subject site based on a survey submitted with the building permit application that met this requirement. Construction of the single - family dwelling was completed and the "As- Built" survey of the property indicated that the 5 -foot setback was no longer being met. Specifically, a variance to allow a 3.9 -foot side setback where 5 feet is required is now being requested by the builder post construction. The property line for which the setback variance is being requested adjoins a community open space and thus the distance between dwellings will not be significantly reduced. OPTIONS 1. Recommend approval of the proposed Variance. 2. Recommend denial of the approved Variance. 3. Return to staff with direction. RECOMMENDATION Staff recommends approval of this Variance request. This review is based on the following plan submittals: Building Permit Number 0301259 November 5, 2003 Certificate of Survey (As- Built) June 24, 2004