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BACKGROUND 4/21/1987 A building permit was issued for a 26-foot by 30-foot(780 square foot)detached accessory structure(garage)for the subject property. ?/??/???? At some point the property owner built a 10-foot by 30-foot(300 square foot) addition to the rear of the garage without obtaining the proper building permits from the city. (Permit was eventually obtained) 1/24/2003 The city received, as part of a building permit application for the adjacent property to the west, a certificate of survey from Kurth Surveying,that depicted the properly permitted structure and the attachment both within the five foot setback area as required in the R-X(Rural Executive)zoning district. 4/23/2004 The City of Lino Lake's Building Department contacted the resident at 2221 Reiling Road in regards to the certificate of survey submitted for the construction of a single family dwelling at 2215 Reiling Road. This survey depicted a portion of the existing detached accessory structure(garage) setback 1.2 feet from the side property line. The resident was informed that the structure would either need to be made to meet the 5.0 feet setback, and if it were to remain in any way, the resident would need to obtain a building permit. 9/17/2004 The City of Lino Lake's Building Department again contacted the resident at 2221 Reiling Road on September 17, 2004 to reiterate the options for the existing detached accessory structure(garage). 11/24/2004 The Community Development Department received an application for this Variance request to allow a 1.2-foot side setback for a detached accessory structure(garage)where 5.0 feet is the minimum required by the zoning ordinance. 1/12/2005 The Planning and Zoning Board voted to recommend denial of the Variance request. 3/22/2005 Mr.Muehlstedt had a property sketch completed by Hult&Associates. This document is attached, and clearly states that the existing property line monuments do not match the corresponding recorded distances shown on the plat for the Otter Lake Hills subdivision. 3/24/2005 Mr.Muehlstedt withdrew the Variance request prior to it continuing to City Council. 3/30/2005 Mr.Muehlstedt obtained a demolition permit to remove a portion of the shed addition to bring it into conformance with the five foot setback requirement, and obtained a building permit for the addition. Staff and the property owner both believed that this completed enforcement on the issue and closed the case. After this was completed the neighboring property owner requested that the city review the structural integrity of the shed addition. It was determined that the shed addition was not structurally sound and would need to be corrected. 8/30/2007 Structural repairs proposed by Mr. Muehlstedt were reviewed by both the City's Building Official and a Structural Engineer and determined to be adequate. • 8/31/2007 The neighboring property owner raised the issue of the setback for the original garage, which was not believed to be encroaching into the setback area and requested that the city enforce its ordinance.