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STAFF REPORT To: Mayor and City Council From: Jay Hartman, Interim City Manager Date: October 25, 2011 Subject: Garage Setback Permit Request — 3205 - 36th Avenue NE Requested Action: Date Application Received Property Address: "Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: City Council Approval September 23, 2011 3205 — 36°i Avenue NP R-1 November 21, 2011 N A Date Sent: _ No Background. Mr. and Mrs. Donald Pavelka, owners of 3205 - 36th Avenue NE, plan to build a six (6) foot addition to an existing attached single car garage on their property to convert it to a more useable double car garage. The current garage is located nine (9) feet from the side property line and if allowed to build the six (6) foot addition, the addition will be 2 feet into the five (5) foot side yard setback. The owners are requesting a Garage Setback Permit to build the addition, giving them a double car garage. The neighbor's to the west of the subject property have a fence that is approximately one foot from the property line, according to the applicant. 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. F ACouncil Meetings\2011A10252011\staff 3205 36th garage pennitdoestaff 3205 36th garage permit 42