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r . REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: September 2, 1998 Staff Report by: James Ericson, Planning Associate Planning Case No.: 533-98 Applicant: Timothy White Request: The applicant is requesting a reduced side yard setback to allow for a Sidewalk alongside his garage. Location: 5249 Greenfield Avenue PIN No. 08-30-23-31-0021 Zoning/Land Use: R-1, Single Family Residential/ single family home Applicable Regulations: • 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." Section 1125.02, Subd. 2 outlines the criteria to be used by the Planning Commission in its review of variances. Attachments: Planning Application Zoning Map Site Plan Resolution 556-98 Background: The applicant is requesting a variance from the required two-foot side yard setback established for decks, terraces or sidewalks. He has constructed an sidewalk alongside his garage located at 5249 Greenfield. The new sidewalk, which accesses a shed in the rear yard, replaced a walkway of railroad ties that had been present for twenty years, but 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.