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Setback Report 7741 Long Lake Road April 2, 2003 Page 2 Based on the above information regarding “prevailing setbacks”, it becomes readily apparent that the structure under construction at 7741 Long Lake Road is too close to the street. The building permit for the structure should not have been issued; the error is admittedly the City’s. Incorrect setback information was provided to the developer and/or his surveyor, and upon submission of the building permit application, another error was made in not verifying the setback of the building. After learning of the potential error, the City’s temporary inspector field- verified prevailing setbacks and at the same time staff reviewed the Long Lake Road reconstruction as-built plans, survey quality plans which include building setback information. The field inspection and review of the as-built plans indicated that the home located at 7801 Long Lake Road was the closest to the street at 41 feet, and as such, 41 feet would constitute the prevailing setback for this block of Long Lake Road. Once the prevailing setback had been determined, the building official posted a “Stop Work” order on the property and staff then notified the developer, Neal Zinser. Three options were presented to Mr. Zi nser: Remove 11 feet from the garage to satisfy the prevailing setback, slide the whole structure back by 11 feet, or apply for a variance. Mr. Zinser indicated that the second option (move the building back an additional 11 feet) was NOT an option due t o the extent of the construction already completed and immediately requested to be heard for a variance request. Mr. Zinser also requested to continue construction on the house itself, to which the building official agreed, amending the Stop Work order accordingly. One additional issue regarding the construction is inconsistent with the Zoning Code. Subdivision 1c of Section 1106.03 of the R -1 Zoning requirements indicates that no garage shall exceed 952 square feet in area except by conditional use permit. The size of the garage at 7741 Long Lake Road, at 25 feet by 42 feet, is 1,050 square feet, 98 square feet more than the maximum without a CUP. Furthermore, the Zoning Code states that the maximum square footage of accessory building space on a lot i s 1,800 square feet. A shed has been constructed on the lot which, at 30 feet by 31.66 feet, totals 950 square feet. The shed and garage space together totals 2,000 square feet, 200 square feet more than what is allowed by the Zoning Code. Thus, in addition to the front setback issue, to maintain the size of the garage, a CUP would need to be obtained; and to maintain the TOTAL square footage, a variance would need to be approved for the additional 200 square feet. Variance Considerations: For a variance to be approved, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the Planning Commission, in Mounds View) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly sta tes that a hardship exists when all of the criteria are met. The criteria are as follows: