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AGENDA ITEM 6.D. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: January 28, 2008 TOPIC: Resolution 08-15 Variance to allow a 4.29 foot side yard setback for an existing 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 in the Rural Executive zoning district. 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. The applicant has since obtained a certificate of survey which depicts a 4.29 foot setback where 5.0 feet is required, a deviation of 14%. This is the only request that is being made by the property owner at this time. The other zoning violations on both this property and the neighboring property will be corrected when weather permits. 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. The rear property line is placed on a great slope that makes identifying the position of that pin very difficult. 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.