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CASE # I' REQUEST FOR A VARIANCE TO REAR YARD SETBACK IN T19E R-1 RESIDENTIAL (MUSA) DISTRICT AT 5971143an CIRCLE NW; CASE OF DALE & SHARON GRUNDBERG By: Amber G. Miller, Planning Manager Background: Section 117-111 (R-1 Residential) of the Ramsey City Code states that the rear yard setback for primary structures in the R-1 Residential WSA) District shall be thirty (30) feet. The Applicant has applied for a variance to enclose an existing screened porch to create a three season porch on the rear of the home with a twenty (20) foot side rear setback from the west property line on the property at NW. hi reviewing the need for a variance, it was found that the existing structure already encroaches into the rear yard setback. This item appeared before the Board of Adjustment at their regular meeting in October at which time the item was discussed and tabled. The Board requested two items. One would be a survey from the property owner, to date, Staff has had no additional submittals from the property owner. Two, the Board requested Staff explore the possibility of moving the rear property line and selling ten feet of dedicated park property. After internal discussions, Staff does not believe this to be a viable option. Therefore, the request before the Board is the same as it was when it was tabled in October. Observations: The Subject Property is roughly 0.36 acres in size. The Applicant is requesting a variance to the rear yard setback of thirty (30) feet in order enclose an existing screened porch to create a three season porch attached to the rear of the primary structure. The existing porch is 14'x20' equaling 280 square feet. The Applicant is requesting to encroach ten (10) feet into the rear yard setback. The existing topography of the site slopes to the rear property line toward a drainage area. The grade on the front portion of the lot, from the primary structure to the street is fairly flat with a change in grade of approximately two feet. The Grundberg house was constructed in 1992 and the existing screened in porch encroaches approximately ten (10) feet into the rear yard setback. The porch was not part of the original house plan, it was apparently built sometime after 1992. Staff finds no record of a variance granted for this lot and is unable to determine why the porch was constructed in the rear yard setback area. Additionally, Staff can find no permit for the screened in porch and do not have an exact date as to when it was constructed. Nevertheless, a variance will be needed to allow for the existing setback encroachment. The lot is pie shaped and is located at the end -of the 143d Circle cul-de-sac. The property has residences to the north and.south and abuts the City owned Emerald Pond Park to the west. The Grundbergs are asking for a variance to encroach the rear yard setback on the western portion of their lot as they were unaware of the lack of permit for.the existing structure and would like to continue to utilize it by enclosing it.. As it relates to the existing structure encroachment, they have no option besides tearing down the structure if they are required to conform to the required setbacks. In addition, as the rear lot line of the Gnmdberg's property abuts the park property granting the variance to the rear yard setback will not impact any residences to the west. The Subject Properly is within the