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Through Lot - Front Yard/Rear Yard Designation At the July II, 2007, meeting, the Planning Commission supported Staffs designation of the Fairview Avenue side of the property as the rear yard and the Lake Johanna Boulevard side of the property as the front yard. This means that the minimum setbacks for the principle structure from the Fairview Avenue (westem property line) would be 30 feet, and the minimum setback from the Lake Johanna Boulevard (eastern property line) right-of-way would be 40 feet. The accessory structure setback would be 10 feet from the Fairview Avenue right-of-way and 40 feet from Lake Johanna Boulevard right-of-way. Front Yard Setback Determination At the July 11, 2007, Planning Commission meeting, there was a brief discussion regarding the required front yard setback from the Lake Johanna Boulevard right-of-way. Although the R-2 Zone has a typical minimum setback of 40 feet from the front proper1y line, that setback can be increased if nearby properties have a greater setback. Section 1325.03 Subd l.A states: A. Front Setbacks. Where existing principal buildings have a greater setback than the minimum setback required herein, lhe front setback of a new principal structure shall not be less than the prevailing setback in the immediate vicinity. The administrator shall determine the necessary minimum front setback in such cases. However, in no case shall a residential building be required to set back more than sixty (60) feet. The Zoning Code authorizes the Zoning Administrator to set the necessary minimum setback based on the prevailing setbacks in the immediate vicinity. The Planning Commission and/or City Council can override the setback decision. Detennining the prevailing setback is difficult along Lake Johanna Boulevard in this neighborhood because the width of the right-of-way varies, the setback at which each house was built is different, and some properties use Lake Johanna Boulevard for their primary entrance. For example, the structure setbacks fi"om the front proper1y line for the propet1ies between County Road E and Lake Lane range from 10 feet to 150 feet. The setbacks from the edge of the road range from 30 feet to 180 feet. The property immediately north of the subject property, 3449 Lake Johanna Boulevard, has a setback between 50 and 55 feet from the front property line, including the deck. However, the right-of-way for this property extends ten feet farther east toward Lake Johanna Boulevard, which creates a larger buildable area. The newly built house and deck to the south of the subject property, 3444 Lake Johanna Boulevard, has a front yard setback that ranges between 54 and 62 feet from the front property line due to the angled property line alone the road. The right-of-way along both 3441 and 3444 Lake Johanna Boulevard is ten feet wider than the other property in the vicinity. The existing structure on the subject property is approximately 50 feet from the front property line at its closest. Based on the conditions in the surrounding neighborhood along Lake Johanna Boulevard, Staff deternlined that a 45 foot front yard setback would be City ofArdell Hilis Planning Commission A'feetingjor August I, 2007 \\Melro-iJlct.lIslardellhills\PlanllingIPlalJlliflg Cases\2007\07-0J6 GOl/Za/e: Variance (PC Table)W80107 - PC Reporl- Gonzalez Variance. doc Page 3 of 9