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CASE #: REQUEST FOR A VARIANCE TO cONSTRUCT AN ACCESSORY STRUCTURE NEARER THE FRONT PROPERTY LINE THAN THE PRINCIPAL BUILDING; CASE OF JIM REICHERT By: Zoning Administrator Sylvia Frolik Background: Mr. Jim Reichert resides at 16491 Uranium Street N.W. and he also owns the vacant lot to the south. Mr. Reichert is proposing to construct an accessory garage. At the time of Mr. Reichert's application, Staff was of the understanding that the accessory garage was going to be located on the same lot as Mr. Reichert's home. As such, the garage was sited closer to the front property line than the home and staff advertised a public hearing for a variance to locate the structure as proposed. The site location map and site plan are enclosed for information purposes. ObserVations: Following a site visit and subsequent conversation with the applicant, it became apparent to staff that the new garage was proposed to be constructed on the vacant lot south of the homestead. Therefore, the placement of the structure must be viewed on the merits of the vacant, separate lot of record on which it is to be constructed not in relationship to his home on a separate lot of record to the north. Consequently, the proposed garage is obligated to a standard 40 foot front yard setback only and although Mr. Reichert's site plan indicates a 39 foot front yard setback, he has verbally indicated to Staff that there is no problem moving the building east 1 foot to meet the 40 foot standard setback. Therefore, a variance is not required. This information was confirmed late Thursday afternoon on October 29 and it was too late to publish a public hearing cancellation notice in the Anoka Union and provide written notice of same to the residents within 350 feet of the subject property. However, Mr. Reichert also needs a two-fold conditional use permit: a) to construct an accessory building on a lot prior to a principal structure; and b) exceed the total garage space and the maximum single structure size restriction on the subject property. Staff has become aware that Mr. Reichert's neighbors are concerned with the proposed project and intend to respond in writing or attend the conditional use permit hearing as well. The lack of sufficient time to give proper notice for the cancellation of the Board of Adjustment variance hearing will not result in a wasted trip to City Hall for some residents. It will mean that they will probably show up earlier than necessary to hear the Reichert case. However, those residents that plan to attend the variance hearing will have the opporttmity to hear Staff's explanation of why the variance is not required. Board Action:' There is no action required by the Board of Adjustment on this issue. Review Checklist: Community Development Dkeetor BoA: 11/02/98 I