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<br />CASE # , <br /> <br />REQUEST FOR A VARIANCE TO SETBACK REQUIREMENTS FOR ACCESSORY <br />BUILDINGS HOUSING ANIMALS; CASE OF ELMER & JUDY KUEMPER <br />By: Zoning Administrator Sylvia Frolik <br /> <br />Background: <br /> <br />Elmer and Judy Kuemper reside at 5420 151st Avenue N.W. and they also own the vacant lot to <br />the west. On October 14, 1997, the City received an application from Elmer and Judy for a <br />conditional use permit to construct an accessory building on their vacant lot. (City Code does <br />not allow accessory buildings to be developed on lots unless there is a principal building on the <br />lot, or in this case, a home). At the time the conditional use permit was processed, the <br />Kuemper's plans were to repair a pre-existing, non-conforming barn on the property and <br />continue stabling their horses in that building. Subsequent to the approval of the conditional use <br />permit, the Kuempers have decided to demolish and remove the pre-existing barn and design the <br />new accessory building with a stable for the horses. <br /> <br />Observations: <br /> <br />City Code establishes a 10 foot side yard setback for structures on property zoned R-l Rural <br />Residential. It also requires that buildings housing animals be located at least 75 feet from any <br />property line and 50 feet from any residence. The proposed location of the accessory building <br />meets the 50/75 foot distance requirements from neighboring property lines and homes. <br />However, because the Kuemper homestead consists of two lots of records, they cannot meet the <br />10 or 75 foot distance requirement from their own common property line. They are also <br />proposing to locate the building approximately 48 feet from their own home. <br /> <br />If the Kuempers were willing to plat their property into one lot at this time, they would not need <br />a variance (if the building were moved slightly south to pick up the extra 2 feet needed to be 50 <br />feet from their home). However, the property is in the Metropolitan Urban Service Area and the <br />Applicant's are reluctant to plat into one lot to facilitate an accessory building when replatting to <br />urban standards is imminent. The following items are enclosed for your information: <br /> <br />a) Site location map <br />b) Site Plan <br />c) Proposed findings of fact <br />d) Proposed variance <br /> <br />Notification: <br /> <br />Variances are required to be subjected to public hearings and all properties within 350 feet of the <br />subject property are to be notified. Staff attempted to notify property owners within 500 feet of <br />the subj ect property. <br /> <br />I <br />