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r STAFF REPORT To: Chair and Planning Commissioners From: Kim Moore-Sykes, Assistant City Manager Date: October 18,2011 Subject: Garage Setback Permit Request-3205-36th Avenue NE Requested Action: Public Hearing with Planning Commission Date Application Received: September 23, 2011 Property Address: 3205-36`h Avenue NE Zoning District: R-1 60-Day Expires: November 21, 2011 Waiver Letter Required: N/A Date Sent: No Future Action: City Council Approval Background. Mr. Donald Pavelka,owner of 3205 -36th Avenue NE, attended a concept review to discuss their plans to build a 6' addition to an existing attached single car garage on their property. The current garage is located 9' from the side property line and if allowed to build the 6' addition,the addition will be 2 feet into the side yard setback. The owners are requesting a Garage Setback Permit to build the addition, giving them a double car garage. The City's zoning code requires that anyone wanting to build a garage in the rear yard setback and/or side yard setback of their property have to apply for a Garage Setback Permit and have it approved by the City Council(152.176 (F)). The property owners are responsible for demonstrating why the strict enforcement of the Ordinance would cause practical difficulties for them by preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential character of the locality; and that economic considerations alone are not the basis of the practical difficulties (City Code §152.245(C)). They have stated in their written statement that the existing attached garage is a single car garage. They can only have one car in the garage at a time and since they own two cars,they would like be able to put both cars in the garage year round. In Minnesota, it is reasonable to have a double car garage and it would not alter the essential character of the neighborhood as most, if not all houses have double car garages. This home was constructed in 1958,a time when single car garages were prevalent and one car was all most could afford. This was not a situation that the Pavelkas created and economic considerations alone are not the basis of the practical difficulties. F:\Planning\Staff Reports\2011\10182011 3205 36th garage permitstf rpt.doc10182011 3205 36th garage permitstf rpt.doc