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CASE #: REQUEST FOR A VARIANCE TO REAR YARD SETBACK REQUIREMENTS; CASE OF BOILERMAKERS # 647 By: Community Development Intern Alex Blackburn Background: Paul Pendergast of Boilermakers # 647 has submitted a request for variance to the rear yard setback requirements at 9459 Hwy. #10 N.W. The following items are enclosed: a) Site location map b) Site plan c) Proposed findings of fact d) Proposed variance Notification: In accordance with State Statute, Staff notified property owners within 350 feet of the subject property of the request for variance and public hearing. Observations: Mr. Pendergast is proposing to construct a 2016 square foot addition onto the existing building. The existing building and 10 feet of the addition encroach on the rear yard setback by a distance of 5 feet. The reason for this is that the subject property and the two parcels to the North and East were originally two parcels oriented in a north/south configuration. The West property line was the side property line at that time and the existing building was in compliance with the 10- foot sideyard setback. In 1997, this parcel was replatted into 3 commercial lots with an east/west orientation and Boilermakers occupied Lot 1. When this happened, the West side of lot 1 then became the rear yard. The North line of lot 1 became the side yard with lot 2. Due to the replatting the setback from the west property line increased from 10 feet to 35 feet and consequently the building became non-conforming because it is located 30 feet from the west property line. City code requires a variance to expand upon a non-conforming structure. Recommendation: City Staff recommends approval of the variance request. Board Action: Motion to adopt Resolution #99-08- adopting Findings of Fact # relating to a request for a variance from rear yard setback requirements at 9459 Hwy. #10 N.W.