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<br />permit most of this addition to be located below grade and thus not be visible from Skiles Lane. <br />Because of this lot configuration, alternative locations for a two car garage that meets building <br />code are extremely limited. <br /> <br />Along Skiles Lane, the existing structure encroaches ten feet into the 40 foot front yard setback <br />(Attachment B). The proposed addition would increase the encroachment by 13 feet; however, <br />the above grade portion of the addition would remain in line with the existing 30 foot setback for <br />the structure. The dwelling was constructed prior to the current zoning regulations and is likely a <br />legally non-conforming structure. <br /> <br />The rest of the dwelling and attached garage would remain unchanged. <br /> <br />The applicant has submitted a letter addressing the variance criteria, a site plan of the property, <br />and elevations of the proposed structure (Attachment B). <br /> <br />Findinl!:s of Fact <br /> <br />The Planning Commission offers the following fifteen findings of fact for review: <br /> <br />General Findings <br />1. The lot depth and width exceed the minimum R-l requirements. The lot size of 13,939 <br />square feet is nonconforming in the R-l Zone. <br />2. The existing structure encroaches ten feet into the forty foot front yard setback along <br />Skiles Lane. The structure meets all other R -1 setback requirements. <br />3. The proposed addition would encroach 24 feet into the front yard setback. <br />Approximately 480 square feet of the proposed addition would encroach into the front <br />yard setback, of this 96 square feet would be above grade and visible from Skiles Lane. <br />The area of the addition outside of the setbacks does not require a variance. The <br />proposed addition would be in line with the existing home, and the portion visible from <br />Skiles Lane would step back with the existing structure. <br />4. The proposed addition does not encroach on the required front yard setback along <br />Snelling Avenue. <br />5. The existing and proposed lot coverage meets the R-l Zone requirements. <br />6. The existing garage does not meet the ceiling height requirements of the Building Code, <br />thus the proposed garage would bring the property into greater conformance with modern <br />building code requirements. <br />7. The dwelling with the proposed addition would not exceed the 35 foot height limit. <br />8. Dwellings and garages are permitted structures within the R-l Zone. <br />9. The existing dwelling and the proposed garage are outside of the 100-year flood plain, <br />wetlands, and easements. <br />Variance Findings: <br />10. A garage and addition are permitted and reasonable uses within the R-l Zone. <br /> <br />llAhdocsllahlAHdata\PlanninglPlanning Cases\2007\07-029 Wessberg Variance (PC Approved) \022508 - CC Report - Wessberg Variance.doc <br /> <br />Page 2 of4 <br />