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CASE REQUEST FOR NEARER A VARIANCE TO CONSTRUCT AN ACCESSORY STRUCTURE THE FRONT PROPERTY LINE THAN THE PRINCIPAL STRUCTURE; CASE OF GARY MILLER By: Zoning Administrator Sylvia Frolik Background: Section 9.11.02 of the Rarnsey City Code states that no accessory structure shall be constructed nearer the front property line than the principal structure. Chapter 9.21 of the Ramsey City Code establishes a su-ucture setback of 200 feet fi.om the Mississippi River. Mr. Gary Miller has applied for a variance to construct an accessory structure nearer the front property line than the principal structure on the property at 14810 Bowers Drive. Observations: The property is situated on the Mississippi River. The home on the property is located approximately 248 feet from the front property line and 135 feet from the Mississippi River. Mr. Miller is proposing to construct an accessory structure approximately 152 feet from the front property line. There is not a sufficient amount of width to the property for Mr. Harper to be able to construct the garage in the side yards. The location of the on-site septic system in the side yard also hinders construction in accordance with City Code. It is not possible to site the accessory structure in the rear yard because it would then encroach on the Mississippi River setback requirement. (Note: The Mississippi River setback requirements were adopted in 1975; the home on the subject property was constructed in 1967. The home on the property is considered legal non- conforming.) Similar variances have been granted in the past, some of which were for properties along Bowers Drive. History shows that it is not uncommon to £md river lots where the home was sited on the lot prior to the establishment of critical or scenic river regulations. Consequently, accessory structures cannot be placed in the back yard because the principal structures are already too close to the river according to current regulatory standards. Mr. Miller is eligible for a total of 1,664 square feet of garage and accessory building space on this parcel. The total of existing and proposed accessory structures will be 1,264 square feet. The following items are enclosed for your information: a) Site location map b) Site plan c) Proposed findings of fact d) Proposed variance Recommendation: City Staff recommends approval of the variance application.