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___ _ _ <br />cu;rirent front yard setback of the existing garage of 3$ feet. A variance is required in order to <br />extend the iwo foot front yard encroachment along the front of the garage addition. <br />The praposed addition would not increase #he front setback encroaclunent of the existing <br />dwelling. The rest ofi the dwelling and attached garage would rer�ain unchanged. Both <br />variances are contingent upon one another. <br />The home was constructed in 1973. The original building permit showed the home situated <br />closer to the center of the lot wiih side yard setbacks �hat would meet the requirements of the <br />current code. It appears thai the actual construction of the home diverged from the approved <br />plan.s, as the existing dwelling is situated differently than the original plans. Had the home been <br />built as approved it would have anet the required side yard setbacks; howe�ver, as it is, the <br />existing dwelling encroaches into the side yard setback to the east. There is no record that the <br />actual construction of the dwelling was approved by the City. There are no l�own variance <br />requests on file far this praperty. <br />The applicant has submitted a letter addressing the variance criteria, a letter from a contractor <br />ouilining the reasons that the rear yard is unbuildable, a site plan of the property, elevations of <br />the existing and proposed structure, and photographs of the exis�ing dwelling (Attachment B). <br />Findin s of Fact <br />The Planning Com�ission offers the following seventeen findings of fact for review: <br />GeneYal Findings <br />I. The lot size meets the requirements of the R-1 Zoning District. <br />2. The lot does not meet the width requirexz�ents of the R-1 Zoning District. <br />3. The existing dwelling does not meet all property line setbacks. The existing dwelling is <br />four feet from the side pxoperty line and encroaches four feet in#o the front yard setback. <br />4. The proposed a�ditio� would meet the ten foot minimum side yard setback, bui reduce <br />ihe combined side yard setback requirement from 25 feet down to fourteen %et. <br />5. The proposed addition would encroach two feet into the front yard setback. While this <br />would not decrease the existing structure's setback, a variance is required because the <br />footprint of tk�.e home within the encroachment i� increasing. <br />6. The proposed additio� does not encroach on the rear setback. <br />7. The structure coverage meets Zoning Code requirements. <br />8. The minimum landscape area require�nen�s meet Zoning Code regulations. <br />9. The dwelling with the proposed addition would not exceed the 35 foot height limit. <br />10. The existing home was not built according to approved plans. <br />11. Garages are permitted structures within the R-1 Zone. <br />City oft4rden Hills <br />City Councii Meeting for �lpril 28, 2008 <br />11Metro-inet.uslardenhilfslPlanninglPlanningCasesl200810�-p12Dat1ilo Variance{PC.4pprovedJ1042808-CCReporL-Datillo �ariance.doc <br />Page 2 af 4 <br />