Agenda - Planning Commission - 03/11/2004

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Case #2 Request for a Variance to Front Yard Setback for an Accessory Structure, to Construct an Accessory Structure Closer to the Front Property'Line than the Principal Structure, and to the Designated Setback for a Natural Environment Lake; Case of Jeff and Barbara Rockow "- Presentation . ... Associate Planner Wald advised the subject parcel is 1.36 acres in size an&is 'zoned R-] P~ural Developing. The property is also located ina Shoreland Ox(efla~ District.. She indicated Ci~t.y Code states that the f?ont yard setback for accessory structu3es is foray feet or the same as the principal structure, whichever is greater. She further stated City Code requires that on lots less. than two acres tn size, an accessory structure cannot~ be nearer the front property line than. principal structure. Finally, Rogers Lake is desi~.-mated as a Natural Environment Lake and has an established setback of 200 feet for structures. Associate Planner Wald explained the principal structure on. the, Property is approximately ninety feet from the front property line. On the adjacent property to.the north, the principal structure is approximately forty feet from its property line. She indicated--'~he RockowS, are proposing to construct an accessory structure thirty feet from the front property',~ine an& about 123 feet from the lakeshore. '- . Associate Planner Wald stated there are several'_ constraints on the property restr/ctmg the applicants from meeting the front yard setback. These would include the Natural Environment Lake setback, the fact that the side and rear yard slope dovcnto the lakeshore, and finally there are a nmnber of mature trees on the property and their locations also are limiting the placement of an accessory structure. She indicated City Staff is recommending that the variance to place the building nearer the front property line than the principal dwelling be approved. She stated the applicant should be required to comply With the Rural Developing District minimum setback of ~brty feet from the front property line. She indicated this would con£on~ with the setback of the house to the north and the slope is not so severe as to require an inordinate arnount of fill to be' use& ' Associate Planner Wald stated St'afl'is also recommending that the variance to place the accessory building within the established setback for a Natural Environment Lake be approved. She explained Rogers Lake also extends into the municipalities of Bums and Oak Grove. Those communities have classified Rogers Lake as a Recreational Development Lake, for which the structure setback from Ordinary high water mark is 100 feet. She noted City Staff is currently drafting an; ordinance to update Chapter 9 of the Ramsey City Code. With that update, Staff will be proposing, ibr purposes of consistency, to reclassify Rogers Lake, within the city limits of Ramsey, to a Recreational Development Lake like Oak Grove and Bums. She indicated if Rogers Lake is reclassified in the future to a Recreational Development Lake, it would eliminate the need ibr this variance and the proposed setback would be conforming. Associate. Planner Wald indicated Staff is recommending approval of the request. Public Hearing George van Whitner, 18026 Ute Street indicated he understands Mr. Rockow has a problem, but he lives across the street from the proposed site. He stated if this var/ance is g~ranted, the building will be outside his front window instead of on the back of the property where it should be. He stated he is opposed. 19