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DATE; September 17, 1972 CASE NUNIDER: VN-92 APPLICANT: John A. Maciaszek LOCATION: 2311 Leona Drive REQUEST: "Variance on the two story garage building (second floor to be used as apartment) also for a six foot Redwood fence on east side of garage" PLANNING COPtSIDERATIONS; The property in question is presently occupied by a single family here in accordance with the existing R-1 zoning. The garage structure as indicated in the request is a two-story structure having two automobile stalls in the lower concrete portion of the structure which opens on the Rice Creek Terrace side of the property. The Building Inspector has indicated that a tunnel structure connects the basement of the house with the garage. This is not immediately apparent by observation from the outside. Under R-1 zoning only one dwelling unit per individual lot is allowable. R-2 zoning allows "two-family" dwellir~,s but both units must be in a single structure. If the structures were obviously attached above grade, it would appear that the use of the second story above the garage as an apartment should be allowable in an R-2 Zone without need of Variance. Under the R-1 Zone the only separate living quarters provisions are for domestics under the terms of Section 7-020, paragraph d and then only if the premises contain a minimum area equal to two (2) ordinary minimum sized lots in this district. The requirements and terms of the New Brighton Zoning Code specifically state that conditions of hardship pertaining to property must exist if the variance is to be granted. The petitioner has not indicated his reasons for the request in the application. It is therefore impossible to assess whether or not a hardship exists in this instance. With respect to the reque3ted variance for a six foot high Redwood fence east of the garage, no plan indicating the location of the fence has been provided. It is quite possible that no variance would be needed in that the placement of the fence is technically in the rear yard of the property; additional information would be necessary to evaluate the proposal.