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05/06/10
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05/06/10
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5/22/2025 4:22:23 PM
Creation date
4/30/2010 11:58:18 AM
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Meetings
Meeting Document Type
Agenda
Document Title
Board of Adjustment
Document Date
05/06/2010
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CASE # o~-- <br />PUBLIC HEARING <br />REQUEST FOR A VARIANCE FOR PLACEMENT OF AN ACCESSORY STRUCTURE <br />CLOSER TO THE FRONT PROPERTY LINE THAN THE PRINCIPAL STRUCTURE AT 14440 <br />BOWERS DRIVE NW; CASE OF LAUREL ANDERSON <br />By: Jessica Hendricks, Management Intern <br />Background: <br />Section117-349(12)(b) states that on properties less. than two (2) acres in size; no accessory structure <br />building shall be constructed nearer the front property line than the principal structure. Ms. Anderson has <br />applied for a variance to construct a detached accessory building nearer the front property line than the <br />principal structure on the property at 14440 Bowers Drive NW. <br />Notification: <br />hz accordance with State Statute, staff attempted to notify property owners within 350 feet of the property <br />via standard US Mail. <br />Observations: <br />The subject property is approximately 1.8 acres in size, and thus per City Code, the accessory structure <br />should be constructed in the rear or side yard. However, .the subject property is located along the <br />Mississippi River, and is in the Critical River Area Overlay District. City Code has established a 40-foot <br />front yard setback and a 200 foot setback from the ordinazy high water (OWH) line for residential pazcels <br />in the Mississippi River Critical Area Overlay District. <br />The primary structure on the property is averages 75 feet from the Mississippi River and 206 feet from the <br />front property line: The primary structure is considered to be a lawful non-confomung structure. <br />The proposed detached accessory structure is a two-car detached garage consisting of Z68 squaze feet. <br />The proposed detached accessory structure will be built no closer than 150 feet from the front property <br />line and no closer than 196 feet from the OWH. Although, the Critical River Area Overlay District <br />requires a 200 foot setback from the OHW, the Mississippi River is also considered a Scenic and Wild <br />River. Section 117 261(b)(3)(c) of City Code states that where a setback pattern from the ordinary high <br />water level already has been established on both sides of a proposed building site, the setback of the <br />proposed structure maybe allowed to conform to that pattern. The proposed structure fits within this <br />requirements <br />The Applicant has stated that the structure will be of the same general design of the house, including <br />soffit, fascia, and eave overhang. The exterior materials will also match the existing structure. The height <br />of the proposed structure would be 14 feet. <br />As stated, the proposed structure would consist of 768 square feet. The property also has two additional <br />accessory structures, an attached garage of approximately 489 square feet. and a detached accessory <br />structure of 96 feet. The combined square footage is within the allotted amount for a property of this size. . <br />21 <br />
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