pf_02913 - Laserfiche WebLink

Home

2.4 This property was platted in 1978 as part of Zibell's Homestead Addition, a five lot subdivision of the original Zibell homestead. The 17,120 square foot (.39 acre) lot has 107' of frontage on Hamline Avenue Nand 160' on Burke Avenue W. In 1983, a building permit was issued to move a detached garage to a location west of the house and in line with the front of the house along Burke Avenue W. It appears that this was allowed because a pre-existing accessory structure had been in the same general location, but approximately five feet closer to Burke Avenue. It also appears that a variance was not required at that time because it was an accessory structure, not an expansion of the nonconforming principal structure on the property, and the action decreased the nonconformity of the accessory structure. The property also includes a gravel driveway and parking area with access points on both Hamline Avenue N and Burke Avenue W. In reviewing the aerial photos of this area, it appears that driveway on Hamline Avenue N was the original driveway, with the access on Burke Avenue W being added when Burke was reconstructed in 1980. It also appears that the location of the curbcut on Burke was approved in the field during roadway construction, as there is no record of any permits for the curbcut or the driveway in this location. The location of the driveway is in compliance with City Codes; however, it is not hard-surfaced as required. 2.5 Section 1004.020, City Code, requires a front yard setback of no less than 30 feet, a side yard setback of no less than 10 feet, and a rear yard setback of no less than 30 feet in an R-1 zoning district. Because this is a corner property, the eastern portion of the property along Hamline Avenue N and the northern portion of the property along Burke Avenue Ware classified as front yards. The western portion of the property is the rear yard (opposite the shortest dimension on a public street) and the southern portion of the property is the side yard. Section 1002.02 defines nonconforming structure as "any building or structure which was legally existing on May 21, 1959, which would not conform to the applicable conditions if the building or structure were to be erected under this Code." Section 1011.02 states that a nonconformity may be continued but may not be extended, expanded, intensified, or changed. Section 1013.02 outlines the criteria and procedure for considering a variance. 2.6 Section 703.04B, City Code, requires driveways to be constructed of concrete, asphalt, brick pavers or other hard surface pavement. Section 703.04B also states, "residential driveways shall be constructed so that the edge of the driveway nearest to the side lot line shall be a minimum of five feet from the side lot line." ~ STAFF COMMENT 3.1 In reviewing this request. staff has made the following findings: PF#2913 - RCA (06/23/97) - Page 2 of 4