12/12/2007 P&Z Packet - Laserfiche WebLink

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• • • AGENDA ITEM 5.C. STAFF ORIGINATOR: Paul F. Bengtson P & Z MEETING DATE: December 12, 2007 TOPIC: Variance to allow a reduced side yard setback for a detached accessory structure (garage) where 5.0 feet is required. Kenneth Muehlstedt 2221 Reiling Road Section 5, Subdivision 2 of the City of Lino Lakes Zoning Ordinance requires that a 5- foot side setback be provided for all accessory structures. The property owner was notified that a portion of the structure was encroaching on the setback. He requested a Variance in 2005, was recommended for denial by staff and the Planning and Zoning Board, and subsequently withdrew the application before it went to City Council. He then removed what was thought to be the offending portion of the structure, the west five feet of the shed addition. In the fall of 2007 the neighboring property owner again brought up the issue of the setback and it was reviewed by staff. It was at this time that the property owner was informed that the setback of the garage itself was believed to be deficient and this application came about. At this time staff is unable to identify the specific variance that is being requested as a new survey had not been completed prior to this staff report going out. When the building was proposed the city did not require the submission of a survey. Simple line drawings indicating the required setback are acceptable, as long as the property owner can demonstrate to the building department that they do know the location of property lines. This is done by finding property monuments that are placed in the ground when the subdivision is platted by the developer. As such, the property owner believed to be meeting the appropriate setback, and represented enough evidence to the building official to lead them to believe that as well. Since the neighboring property at 2215 Reiling Road was vacant at the time, it wasn't until the lot was developed that anyone noticed the discrepancy. The new structure built on that site was required to submit a survey both prior to and following construction. This as -built survey depicts the previously removed portion of the detached accessory structure at 2221 Reiling Road, and handwritten updates done by Kurth Surveying nearly two years after the survey was completed, indicate that the fence on Mr. Muehlstedt's property was encroaching on the neighbor's property. These are the reasons why Mr. Muehlstedt was asked to complete a new survey of the property line.