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1 <br />• <br />• <br />AGENDA ITEM 5B <br />STAFF ORIGINATOR: Paul F. Bengtson <br />P & Z MEETING DATE: January 12, 2005 <br />TOPIC: Variance to allow a 1.2 -foot side yard setback for a <br />detached accessory structure (garage) where 5.0 feet <br />is required. <br />Kenneth Muehlstedt <br />2221 Reiling Road <br />BACKGROUND <br />According to city records, a building permit was issued for a 26 -foot by 30 -foot (780 <br />square foot) detached accessory structure (garage) for the subject property on April 21, <br />1987. At some point the property owner built a 10 -foot by 30 -foot (300 square foot) <br />addition to the rear of the garage without obtaining the proper building permits from the <br />city. <br />The city received, as part of a building permit application for the adjacent property to the <br />west, a certificate of survey from Kurth Surveying, that depicted the addition as being <br />within the five foot setback area as required in the R -X (Rural Executive) zoning district. <br />On April 23, 2004 the City of Lino Lake's Building Department contacted the resident at <br />2221 Reiling Road in regards to the certificate of survey submitted for the construction of <br />a single family dwelling at 2215 Reiling Road. This survey depicted a portion of the <br />existing detached accessory structure (garage) setback 1.2 feet from the side property <br />line. The resident was informed that the structure would either need to be made to meet <br />the 5.0 feet setback, and if it were to remain in any way, the resident would need to <br />obtain a building permit. <br />The City of Lino Lake's Building Department again contacted the resident at 2221 <br />Reiling Road on September 17, 2004 to reiterate the options for the existing detached <br />accessory structure (garage). <br />On November 24, 2004 the Community Development Department received an <br />application for this Variance request to allow a 1.2 -foot side setback for a detached <br />accessory structure (garage) where 5.0 feet is the minimum required by the zoning <br />ordinance. <br />