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To <br />From: <br />Planning Commission <br />Kim Moore -Sykes, Assistant City Manager <br />r <br />Date: May 17, 2005 <br />Report No.: VII.1 _ <br />Subject: <br />Petition of <br />Variance <br />for Lot Coverage; 3217 - 31St Avenue NE <br />Pro er <br />Address: <br />3217 <br />- 31st Avenue NE; Volna Addition, Lot 1, BIock 1. <br />Zoning District, R-1. Single Family Residential; legal non -conforming <br />KEN <br />Requested Action: Staff is asking the Planning Commission to review the Petition of Variance for <br />Lot Coverage submitted by Patrick]. Palan and Patricia J. Le Febvre, owners of 3217 - 31" Avenue <br />NE. The owners are proposing to construct a 12' x 10' (120 SF) deck ort the backside of their house. <br />Based on the Fundings of Fact from the public hearing on this request, staff recommends that the <br />Planning Commission consider recommending approval of the variance to lot coverage to the City <br />Council. <br />Ba.c�round: Mr. Palan met with staff to review his plans to construct a deck on the back of the <br />house. At that point, it was discovered that the structures on. the site exceeded the allowable lot <br />coverage percentage as stipulated by the City's Zoning Ordinance. Their lot is 68' x 134.6' (9,153 <br />SF) and at 35 % lot coverage, they would be allow 3,203 SF of lot coverage. Currently, the house, <br />the detached. garage, the driveway and the sidewalk and patio exceed the allowable lot coverage <br />by 230 SF. These structures represent 3,433 SF in lot coverage. <br />According to the documentation from Hennepin County and. the City's address file, the house and <br />garage were built in 1955. Staff assumes that a driveway was also constructed at the same time but <br />the file does not indicate the materials used in its original construction. But in 1991., the current <br />owners pulled a building permit from the City to replace the original driveway with asphalt. <br />In their application for a variance to the lot coverage restriction, Palan and Le Febv.re stated that <br />the undue hardship that they have with this property is the length of the driveway required to <br />access their detached garage, which is located deep into the'lot. In order to build their proposed <br />deck and comply with the City's lot coverage requirements, they would have to move their garage <br />forward by about 10 feet. This would put the garage up against the house and seems a bit <br />unreasonable. The extraordinary circumstance that they feel that this variance would help to <br />alleviate is that because this property had. already exceeds the allowable lot coverage they are not <br />able to improve their property. Staff review of the documents in the property file shows that the <br />difficulty or hardship was not created by the property owners but rather as the result of the <br />original codification of the City's Zoning Ordinance, which occurred in 1976. <br />H:APianning\Staff Reports\200\3217 31st lot cov variance Staff Report.doc <br />