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July 13, 1979 APPLICATION FOR VARIANCE VN-207, McGINN , PURPOSE To consider a request for a variance to construct aduplex-with less than the required front yard, side street yard and side yard setbacks. BACKGROUND APPLICANT: Donald P. McGinn LOCATION: 2303 74 A Street N.W.. (Lot 11, Stony Lake Addition) EXISTING ZONING: R-2, Two Family Residential LOT SIZE: 12,726 square feet LOT WIDTH: 100 feet. ORDINANCE REQUIREMENTS: The proposed duplex meets all zoning code requirements in regard~to development in an R-2, Two-Family district except for the following deviations: 1. Section 10-020 a. That-any principal structure other ' than a single family residence-shall not be located less than thirty (30) feet from any boundary line of an R-1 district. The west side yard setback is only ten (10) feet. 2. Section i0-020 c. Aside-street yard on a corner lot shall not be less than twenty (20) feet in width. The. eastern side yard has a setback of only ten (10) feet. 3. Section 10-020 d. A front yard setback shall not be less than thirty (30) feet in depth. There is only an ~a (1~) foot front yard setback. According to the New Brighton Zoning Ordinance, variances can be According to the New Brighton Zoning Ordinance, variances can be granted because of an undue hardship and unique circumstance.. The applicant's reasons for requesting a variance are expressed in the attached letter. In respect to the request for a front yard setbacK of only eighteen (18) feet there appears to be no warrants for granting this variance from the normal code requirement. The proposed development has a rear yard of forty-three (43) feet and the code states that the rear yard should be at 1-east 5 feet. Therefore, the applicant could move the proposed dwelling to the south and have the required front and-rear yard setbacks.