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Case <br /> <br />Request for a Variance to Construct an Accessory Structure that will <br />be Nearer the Front Property Line than the Principal Structure and <br />that will Encroach on the Thoroughfare Setback; Case of James <br />McChesney <br /> <br />Zoning Administrator Frolik stated that James McChesney resides at 15429 Sunfish Lake <br />Boulevard N,W. and is proposing to construct a 750 square foot accessory structure that will be <br />closer to tho front property line than the home and will encroach on the thoroughfare setback from <br />Sunfish Lake Boulevard N.W. She explained that topography in the rear yard declines rapidly and <br />would require a substantial amount of fill and removal of very mature trees to access. It was also <br />noted that there is substantial tree growth between the proposed building and Sunfish Lake <br />Boulevard N.W. to provide screening. Ms. Frolik added that Bill Wall, Mr. McChesney's next <br />door neighbor, believes the applicant will be encroaching on the 10 foot side yard setback also. <br /> <br />Mr. McChesney stated that when he installed his pool in 1972, it was more than 20 feet from the <br />lot line (side yard). However, his neighbor's survey, which he refutes, shows the pool to be <br />about 6 feet from the lot line. He felt that if the City approved the setback for the pool, then the <br />setback for the proposed accessory structure should be okay. Mr. McChesney explained that the <br />building will have cedar siding with eaves, so that the color and style will match the house. <br /> <br />The Board procexxled to review the Findings of Fact. <br /> <br />Motion by Board Member Deemer and seconded by Board Member Bawden to accept gl through <br />#13 as presented. <br /> <br />Motion carried. Voting Yes: Chairperson Hendriksen, Board Members Deemer, Bawden, <br />Holland, LaDue, Terry, and Thomd. Voting No: None. <br /> <br />Motion by Board Member Deemer and seconded by Board Member Thorud to amend #14 to read <br />"That the special conditions causing the undue hardship do not result from the actions of the <br />Applicant." <br /> <br />Further Disoussion: Board Member Deemer stated that the hardship is the proximity to the road. <br />Board Membor Bawden added that the decline in topography is also a hardship. <br /> <br />Motion carrie~l. Voting Yes: Chairperson Hendriksen, Board Members Deemer, Thorud, <br />Bawden, Holland, LaDue, and Terry. Voting No: None. <br /> <br />Motion by Board member Thorud and seconded by Board Member Terry to amend #15 to read <br />"That such variance is necessary for the preservation of a substantial property right..." <br /> <br />Motion carried. Voting Yes: Chairperson Hendriksen, Board Members Thorud, Terry, Bawden, <br />Deemer, Holland, and LaDue. Voting No: None. <br /> <br />Motion by Board Member Bawden and seconded by Board Member La.Due to amend the remaining <br />findings as follows: 16) "That ff granted, the variance will not grant the Applicant any special <br />privilege..." 17) "That if granted, the variance will not be materially detrimental to the purposes <br />of the Ramsey Zoning Chapter..." 18) "That if granted, the variance will not substantially <br />increase the congestion of public streets .... " <br /> <br />Motion carried. Voting Yes: Chairperson Hendriksen, Board Members Bawden, LaDue, Deemer, <br />Holland, Terry, and Thom& Voting No: None. <br /> <br />Board of Adjustment/September 7, 1993 <br /> Page $ of 7 <br /> <br /> <br />