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CASE # / <br /> <br />REQUEST FOR A VARIANCE TO SIDE YARD SETBACK REQUIREMENTS; <br />CASE OF MICHAEL AND ROBIN GOBERNATZ <br /> By: Zoning Administrator Sylvia Frolik <br /> <br />Background: <br /> <br />City Code states that in the Rural Residential district~ structures shall not be located closer than <br />10 feet to the side property line. Michael Gobematz resides at 5900 177t~ Avenue N.W. and is <br />requesting a variance to construct a detached garage that is proposed to be located six (6) feet <br />from his west side property line. The following items are enclosed for your information: <br /> <br />a) Site location map <br />b) Site plan <br />c) Proposed Findings of Fact <br />d) Proposed Variance <br /> <br />Notification: <br /> <br />In accordance with State Statute, Staff attempted to notify property owners within 350 feet of the <br />subject property of the request for a variance. <br /> <br />Observations: <br /> <br />The parcel is 2.5 acres in size and the addition of the garage to the property is within the square <br />footage allotment for garages on a parcel this size. Mr. Gobematz is proposing to locate the <br />garage 6 feet from his west side property line. The site plan submitted and an on-site inspection <br />confirm that sharp declines in topography restrict Mr. Gobernatz' options to locate a second <br />garage on his property. <br /> <br />There is also a 10 foot wide drainage and utility easement along the west property line that <br />should not be encroached upon by structures. Mr. Gobematz has applied for an easement <br />vacation to vacate 5 feet of that 10 foot easement to facilitate the proposed placement of the new <br />garage. City Staff has determined that there was no particular reason that a 10 foot versus the <br />standard 5 foot easement was dedicated on the plat. Staff is assuming that the plat was drawn <br />with 10 foot easements and because there is a 10 foot structure setback, it probably wasn't cost <br />effective to have the final plat mylars redrawn to reduce the drainage easement to 5 feet. The <br />request for easement vacation was presented to the City Council for action on May 25 with <br />Staff's support. The City Council introduced an ordinance to vacate 5 feet of the 10 foot <br />easement and the ordinance will be presented to City Council for fmal adoption on June 8. <br />Council will not vacate 5 feet of the easement if the variance is side yard setback is not granted. <br /> <br /> <br />