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Planning Commission Regular Meeting Minutes August 20, 1996 Page.5 1 Commissioner Makowske suggested the motion be amended to include, "Strict enforcement 2 would cause undue hardship not created by the landowner due to the lot size and the City's 3 change in Code contributed to the cause of not being able to build using a conforming lot." 4 Commissioners Delmonico and Horst accepted the amendment to the motion. 5 Motion carried unanimously. 6 Chair Bergstrom noted this issue will be addressed at the August 27, 1996 City Council meeting. 7 C. Sideyard Setback Variance Request for Attached 2-Car Garage- William Hedberg, 2509- 8 30th Avenue N.E. (96-111. 9 Chair Bergstrom opened the public hearing at 7:32 P.M. 10 Ms. Moore-Sykes reported that William and Evelyn Hedberg, 2509 - 30th Avenue N.E., have 11 submitted an application for a side yard setback variance of 5 feet in order to construct a 20 foot 12 by 24 foot 2-car garage that will be attached to the east side of their home. 13 Currently, the owners have a single car garage that sets back from the house and five feet from 14 the property line. The proposed attached 2-car garage would sit in front of the existing single car 15 garage. The variance is needed because the west side of the house sits five feet from the property 16 line as well. The combined side yard setbacks for this property is 10 feet; the City Ordinance 17 requires a combined total of 15 feet for side yard setbacks. 18 When Staff asked about adding to the existing garage structure,the owners indicated that they . 19 had a need for the additional garage space and that attaching it to their home would provide 20 security to them both from the weather and possible criminal activity that might be directed at 21 them because of their age. Their proposed attached double car garage would have two doors, one 22 in the front and the other in the back so that they can have access to the existing garage that will 23 sit behind the proposed garage. The existing garage will be used to store equipment. 24 The owners were advised by Staff to apply for a variance rather than obtaining a garage setback 25 permit because the double car garage addition is being attached to the house,thereby making it a 26 part of the principal structure of the property. When an accessory building (including garages) is 27 attached to the principal structure of the property, then the setback requirements of the principal 28 structure apply (Section 1650.02, Subd. 3). The City Attorney was contacted and concurred with 29 Staff's interpretation of the City Ordinance. A copy of a letter received from City Attorney is 30 included in the Commissioner's packet. 31 Staff has also received several telephone calls and a signed petition from neighbors,in opposition 32 to the proposed construction of the attached double car garage. A letter from the owners' 33 immediate neighbor to the east was also received stating they are concerned with the potential 34 loss of visibility as the result of this project. Many were also concerned about what it would look