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AGENDA ITEM 7A <br />STAFF ORIGINATOR: Tanda Gretz <br />C.C. MEETING DATE: January 26, 2004 <br />TOPIC: Resolution No. 04 -12: <br />Variance from the required 40' street <br />setback for an attached garage <br />Joseph Kivel <br />6262 Otter Lake Road <br />ACTION REQUIRED: 3/5 vote <br />BACKGROUND <br />The applicant is asking to site an attached garage 15 feet from the road right -of -way of <br />Otter Lake Road, which is a County road. City Zoning Ordinance, however, states that <br />the street setback on such a road should be 40 feet. <br />The property currently does not contain a garage. Historically, the detached garage that <br />currently exists on the property immediately to the north, at 6266 Otter Lake Road, <br />belonged to the home that is on the Kivel property. A lot split was done in 1979, <br />however, which placed that existing garage on a newly created lot to the north, rather <br />than with the house. Thus, the home on the Kivel property has been without a garage <br />since 1979, while the property to the north has both an attached garage and a detached <br />garage. An access agreement was maintained between the two properties for many years, <br />whereby access to what is now the Kivel property took place via the driveway at 6266. <br />That access agreement expired in July 2001, and at that time Anoka County permitted a <br />driveway to be constructed on the Kivel property. <br />This report is based on the following exhibits: <br />1.) General Location Map <br />2.) Correspondence from Anoka County to Mr. Kivel, dated April 20, 2001 <br />3.) Correspondence from Director of Public. Safety, Rick DeGardner <br />4.) Mr. Kivel's Narrative <br />5.) Certificate of Survey — dated 11/04/03 <br />