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November 15, 1978 APPLICATION FOR VARIANCE VN-198 BREEN PURPOSE Consideration for a request to erect a garage within one foot of the side property line which is less than the required 5 foot side set- back requirement. BACKGROUND APPLICATION: John-Breen LOCATION; 1100 2nd Street N.W. (see attached map) ZONING:- R-1 Single Family Residential The applicant is requesting to erect a garage in the NorthEast corner of his rear yard. A variance is required because the proposed garage will be constructed only 1 foot from the side property line ~~ - and in a R-1 Single Family Residential District,. a 5 foot side set- back. is required. The applicant has indicated that the reason for the request is that the lot is small and by placing the garage close to the property line the utilization of the rear lawn area will be maximized. According to the New Brighton Zoning Ordinance, variances can be granted because of an undue hardship-and unique circumstance. The applicant h~ not indicated that a variance would be warranted in this particular case. The area of the garage and the rear setback requirements are within the City Code. However, the existing driveway would have to be extended and the applicant would-have to present the City with the adjacent property owner's permission to extend the driveway which will be constructed along the property line. The construction of the garage would require that the. storage building presently located in the rear yard be removed. The Zoning Code states that if a garage is detached it is considered an accessory buildings and there can be only one accessory building in a R-1 Single Family Residential District. The applicant's lot size is comparable with the lot sizes of the surround- ing properties and therefore the size of the lot does not constitute a unique circumstance. It would appear the garage can be moved back 5 feet and constructed 5 feet from the side property line and still retain substantial rear yard area while meeting all regulations and standards in the Zoning Code thus eliminating the need for a variance.