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REQUEST FOR COUNCIL ACTION DATE: 05~22-95 ITEM NO,: G-3 Department Approval: ~/~ Manager Reviewed: Agenda Section: C2{Jf. {} Item Description: Hearing John Torgerson request for a 25 foot ITont yard setback variance at 337 S. Owasso Boulevard. Back2round 1. The property under consideration at 337 S. Owasso Boulevard is zoned R-l Single Family. This lot is approximately 7,000 sq. ft. in size and is one of the cabin lots located on the east side of Lake Owasso on the private road on the Burlington Northern Railroad right-of-way. The house at this location was built in 1938 and, as with its neighbors, did not pay much attention to building setbacks. The current detached garage is actually built such that part of it is on the railroad right-of-way. This lot has shoreline ITontage on Lake Owasso and as such this application mu~t be viewed with the Shoreland Management Ordinance in mind. Development Review 1. The property under consideration is currently for sale. There is a small (approximately 800 sq. ft.) flat roofed house on the site with a detached garage. Between the house and the detached garage, the present owner has constructed a outdoor seating/deck area. It is Mr. Torgerson's proposal to purchase the house and dem01ish the temporary structures on the property and build an attached garage and living space to the house. In addition, he would add a full truss system roofto the house. In so doing, Mr. Torgerson would not build any closer to the lake than the current structure and would stay 5 feet ITom the south sideyard property line. With his plan, the garage would be located 5 feet into the property ITom the property line. This requires a 25 foot front yard setback variance. 2. Since the DNR has not completed its review of the City ofRoseville's new Shoreland Management Ordinance, we are still operating under the existing shoreland ordinance. In cases such as this, where the lot was platted and the home was built before the adoption of the ordinance, the interpretation has been that the existing substandard dimensions can remain but cannot be encroached upon. Additions away ITom the lake are processed in the normal manner, either as a building permit application or, in this case, a front yard setback variance request. 3. The Engineering staff has reviewed this application and has indicated it will be necessary to remove the existing fence ITom the street easement/right-of-way and make sure that the grading plan does not trap water in the corner of the house or deposit water on the property to the north. 4. The Planning Commission, at the May 10, 1995 meeting, on a 4-1 vote, recommended approval of John Torgerson's request for a 25 foot front yard setback ~