09-02-1998 PC - Laserfiche WebLink

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• Mounds View Planning Commission September 2, 1998 Regular Meeting Page 4 Associate Ericson gave his report as follows: The applicant was requesting a variance from the required two-foot side yard setback established for decks, terraces or sidewalks. Mr. White has constructed a sidewalk, constructed of green-treated lumber, along his garage located at 5249 Greenfield. The new sidewalk, which accesses a shed in the rear yard, replaced a railroad-tie walkway that had fallen into disrepair. The property alongside the garage slopes down, requiring that the sidewalk be supported by footings. The sidewalk is approximately four feet wide and is within inches of a chain link fence that separates the subject property from the property to the north. In addition to the garage, there is an above-ground pool surrounded by patio and landscaping, all of which is enclosed by a five-foot tall privacy fence. The shed is outside of this fenced-in area. Section 1104.01, Subd. 5, regarding encroachments: "Terraces, steps, decks, stoops or similar features; provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than two feet(2') from any lot line." The sidewalk as it exists now does encroach on the above condition. There is no apparent 111 hardship as required by the City Code. The applicant did do the construction without getting a permit from the City. A permit is required for this type of construction. There have been no calls for or against the application. Staff recommended denial of the application based on the fact that the sidewalk was installed without a permit, and there is no obvious hardship as required by City Code. Peterson returned the floor to the Commission and asked the applicant for his report. Timothy White, applicant, gave two reasons for wanting the walkway: 1. Safety of the lot, ease of mowing the yard 2. Easy access to the back yard area where the shed and yard maintenance equipment is kept. He stated he didn't realize a building permit was required. His only excuse was ignorance, he added. The fence located near the walkway is set in five to six inches from the property line. White did canvas his neighbors on Greenfield and none of the people contacted voiced opposition to the walkway. Stevenson asked if the structure had the proper footings.