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RLK <br />ASSOCIATES LTD. <br />DATE: <br />TO: <br />FROM: <br />RE: <br />MEMORANDUM <br />April 18, 1994 <br />Lake Elmo City Council <br />CC. Mary Kueffner <br />Steven Schwanke, City Planner (933-0972) <br />Request For Variance <br />John B. Nicholson/Patricia M. Ganly <br />8975-15th Street N. <br />(AA922 Mainstreet <br />— Hopkins, Mn. <br />55343 <br />(612) 933-0972 <br />fax:(612) 933-1153 <br />John Nicholson and Patricia M. Ganly, 8975-15th'Street North have <br />submitted an application for an after -the -fact variance to the <br />side yard setback requirements for an existing accessory building <br />housing animals, specifically horses. The subject building is <br />located 55 feet from the property line. The City Code (Zoning <br />Ordinance Section 301.130 C.13 a.] requires a side yard setback <br />of 100 feet for accessory structures housing animals. <br />The parcel of land is located in the southeast quarter of section <br />28. A legal description and property location map is attached. <br />The property is owned by the applicants. The petitioners have <br />both signed the application form. <br />BACKGROUND INFORMATION <br />The subject property consists of 9.86 acres and is designated <br />RAD - Rural Agricultural Density on the City's Future Land Use <br />Map. The property is zoned R-R, Rural Residential and has an <br />Amoco Pipeline running through it' from northwest to southeast. <br />The applicants property has two accessory buildings. One <br />building is used as a garage and the second is used as a horse <br />barn. The building requiring a variance is the horse barn. <br />In November, 1992, Mr. Nicholson was informed by the City of Lake <br />Elmo that the second accessory building (hereafter referred to as <br />the horse barn) had not been issued a building permit. Mr. <br />Nicholson was also informed that the accessory building was too <br />close to the side yard property line because the building housed <br />animals. The City also informed the applicants that the side <br />yard setback for the accessory building would be 10 feet if <br />animals were not housed in the building. In March, 1993, Mr. <br />.Nicholson was again informed by the City of not having a building <br />permit for the accessory building and that the building was <br />located too close to the property line. The applicants were <br />-Civil Engineering .Transportation -Infrastructure Redevelopment <br />. Landscape Architecture . Construction Management <br />