07/26/1999 Council Packet - Laserfiche WebLink

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AGENDA ITEM 4 G STAFF ORIGINATOR: Mary Kay Wyland MEETING DATE: July 26, 1999 TOPIC: James Lambrecht, 1083 Aspen Lane, Variance VOTE REQUIRED: Simple Majority BACKGROUND: Mr. Lambrecht is requesting a variance to allow the construction of a 10 x 18 porch addition to his home at 1083 Aspen Lane that will be 20' from the side property line, the ordinance requires 30'. The site is Zoned R -1 which provides for a lot width of 95', on a corner, and a lot depth of 135'. This is an existing lot of record which was platted in 1987. The property currently contains a 10' wide deck which is 20' from the side property line (street), and listed as a permitted encroachment according to Section 3, Subd. 3, D.4.a. 3) "terraces, steps... uncovered porches, decks, ...provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five (5) feet from any side or rear lot line or twenty (20) feet of any front lot line or side lot line abutting a street..." The applicant would like to convert this deck into a porch. According to the ordinance the porch must be 30' from the side property line, street. Therefore, Mr. Lambrecht is requesting a variance of 10'. Mr. Lambrecht has indicated that the requested location is the only reasonable choice for the proposed construction. His home is a split entry with the kitchen and dining area, including a sliding glass door on the first level. The living room and bedrooms are up several steps and face the rear yard. The porch could be constructed off the living room but would require major reconstruction including a new or moved sliding glass door and an elevated porch which would be located above lower level windows. Although this could be considered an "economic hardship" the design of the dwelling is more conducive to the side porch/deck arrangement necessitating the variance request. Findings of Fact. In considering all requests for variance or appeal and in tal ng 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. The property can be put to a reasonable use, however, the porch would need to be located toward the rear of the home to meet the requirements of the ordinance. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The physical circumstances were created by the original builder /owner.