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FINDINGS OF FACT Recommendation: The Planning Commission recommends approval of Joe Schormner's request for Lot Width Variance at 3112 - 32-d Avenue NE based on the following Findings of Fact and subject to the conditions listed below. The applicant has followed the procedure in applying for a Lot Width Variance as outlined in Section 1665.06 Variances. An application for the variance was made on forms provided to Mr. Schommer, the applicant, by staff. The application was signed and dated and the fee in the amount specified in Subsection 615.07 of the City Code was attached to the competed application. The public hearing notice for the December Planning Commission meeting was published in the City's legal newspaper and notices were mailed to property owners adjacent to the property, according to Section 115. The application is scheduled for the January 8, 2008 City Council meeting for consideration. The variance application is to be reviewed and considered with the following items: Findings of Fact 1. The property is located man R-1 Zoning District, which permits single family residential development. 2. The property is located at 3112 - 32nd Avenue NE and is legally described as follows: THE, NORTHERLY 1/2 OF THAT PARI' OF LOT 10, BLOCK 1, BONNIE -VIEW HEIGTTTS, HENNEPIN COUNTY, MINNESOTA, LYING NORTHERLY OF THE SOUTHERLY 30 FEET OF SAID LOT 10. 3. The property has been used as an R-1 since the original residential structure was constructed in 1928. 4. The R-1 Zoning District - Nonconforming Uses and Structures, Section 1660 to include non -conforming uses and structures that comply with certain standards to be considered as permitted uses until and unless the changes to the property affected more than 50% of the market value of the subject property. Because this property's lot width is 68 feet at the building setback and platted prior to the 1976 adoption of the Zoning Code, it has been allowed as a legal non -conforming lot. Mr. Schommer, the property owner, is proposing to demolition the current residential structure to reconstruct a more modern, code - compliant residential structure. 5. The property meets the R-1 standards established in Section 1615.05, Subd. 2 of the City's Zoning Code with the exception that the width of the lot is measured at 68 feet and does not meet the minimum required 75 foot width at the building setback line. Staff did find that the survey map provided by the applicant showed insufficient side yard setbacks. When brought to the applicant's attention, he indicated that he understood what the correct side yard setbacks were to be and felt it was a mistake and would have the surveyor correct the setbacks. F:\Planning\Findings of Fact\2008\01082008 Findings of Fact 3112 32nd Avenue Schommer.doc