Agenda - Planning Commission - 07/22/2021

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Staff finds the building is reasonable. • Is the situation unique? Staff does not feel that the situation is unique. The variance is requested because of the personal preference of the Applicant for placement of the shed along the east property line. The side yard setback of six (6) feet should be applied on the east lot line. Staff is handling at least four other Code Enforcement cases that are similar, and this is not a unique situation. The rear yard has other space for a shed. While variances do not set precedence legally, this could cause tension with other residents who are also told this is not allowed and lead to other variance requests. • Would the request alter the essential character of the neighborhood? Staff does feel that the request would alter the character of the neighborhood. Detached structures are a common feature throughout Ramsey, and in this neighborhood. Other properties in the area have been held to the same standard for setback requirements in regards to their accessory structures. If a variance were to be approved for the side setback, additional applicants are expected to come forward with similar requests. Based on the three factor test above, Staff does not feel that the request meets the requirements to pass a variance. City Code Sections • 117-349 (Accessory Uses and Buildings) • 117- 111 (R-1 Residential District). Alternatives Alternative 1: Deny the variance request. Alternative 2: Approve the variance request. Staff does not feel the variance request is reasonable, unique, and meets the criteria for a variance. Reminder that the Planning Commission acts in a quasi-judicial manner for variance requests. Funding Source: The Applicant is responsible for all costs associated with this project and review. Recommendation: Staff recommends Planning Commission adopt Resolution #21-178 denying a Variance to side setback for a detached structure at 7474 163rd Ave NW. Action: Motion to adopt Resolution #21-178 denying a Variance to side setback for a detached structure at 7474 163rd Ave NW. Attachments First Notice of Violation Second Notice of Violation May 11 2021 Site Location Map Resolution #21-178 Form Review Inbox Reviewed By Date Brian McCann (Originator) Brian McCann 06/17/2021 01:46 PM Brian McCann (Originator) Brian McCann 06/22/2021 03:45 PM Brian McCann (Originator) Brian McCann 06/29/2021 02:05 PM Tim Gladhill Brian McCann 07/15/2021 03:09 PM Form Started By: Brian McCann Started On: 06/15/2021 12:05 PM Final Approval Date: 07/15/2021