Resolution - #92-09-248 - 09/24/1992

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Commissioner Deemer inn'oduced the following resolution and moved for its adoption: RESOLUTION #92-09-248 A RESOLUTION ADOPTING FINDINGS OF FACT #0323 RELATING TO A REQUEST FOR A VARIANCE TO CONSTRUCT AN ADDITION TO THE ATTACHED GARAGE THAT WILL ENCROACH ON FRONT AND SIDE YARD SETBACKS That Mr. Eugene Dubois, hereinafter referred to as "Applicant", has properly applied for a Board of Adjustment Variance from Section 9.20.11 of the City Code regarding the front and rear yard setback requirement. o That the Applicant appeared before the Board of Adjustment for a public hearing pursuant to Section 9.03.04 of the Ramsey City Code on September 24, 1992 and that said public hearing was properly advertised and the minutes of said public hearing are hereby incorporated as a part of these findings by reference. That the subject property is generally known as 15030 Willemite Street N.W. and is legally described as follows: Lot 2, Block 4, Greenland Hills, Anoka County, Minnesota. That the subject property is located in the R-1 Rural Residential District and is approximately one acre in size. o That Section 9.20.11 of the Ramsey City Code requires a front yard setback of forty (40) feet and a side yard setback of ten (10) feet in the Rol Rural Residential District. That the Applicant is proposing to construct a 768 square foot addition to the attached garage that will encroach the front yard setback by approximately ten (10) feet and the side yard setback by approximately seven (7) feet. That there are unique circumstances applying to the Applicant's property, namely, that the existing principal structure and attached garage were so inaccurately sited on the lot at the time of construction that they encroached the front yard setback and virtually prohibited any future expansion on the garage side of the property. In addition, the subject property is adjacent to a designated flood fringe area and it is not unusual for the rear yard to experience flooding. That the Applicant is requesting a ten (10) foot variance from the forty (40) foot front yard setback and a seven (7) foot variance from the ten (10) foot side yard requirement. That the total square footage of the existing garage and the proposed garage is within the limits established by City Code. 10. That the adjacent dwelling unit is located approximately twenty (20) feet from the common property line for which a variance from the setback is proposed. 11. That the Applicant has stated that the variance is necessary for the preservation of a substantial property right, namely, the right to expand garage space in a way that will be consistent with existing lot development.