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Remington Builders April 5, 1984 Page 2 CODE REQUIREMENTS: S.ection 4-040, Setbacks Section 8-230, Variance PLANNING COMMISSION CONSIDERATION: (See attached minutes) APPLICANT'S RESPONSE The attached letter from Remington Builders states that a unique circum- stance exists because the lot has three street sides, one of which is on the curved radius of the cul-de-sac. The applicant demonstrated at the Planning Commission meeting how the A-symetrical cul-de-sac differs from other cul-de-sacs in the City and how it more severely restricts the site in question. Remington Builders feels it would be a hardship to construct a home that conformed to the setback requirements. A smaller home would not conform to the other home values in the area. The applicant feels strongly that it is not possible to develop this lot with a market- able home without a variance. An additional point raised by the applicant at the Planning Commission meeting was a misunderstanding on the part of the surveyors on the setback requirements. The plat for Innsbruck North Silver Lake Addition was developed over a long period of time and th.e surveyors was aware of a change in the side-street yard setbacks from 15 feet to 30 feet. STAFF ANALYSIS The shape of the lot and the number of street sides does make the lot in question unusual. The proposed home will meet the 30 foot setback re- quirement on 14th Street NW and at the driveway entrance off of 26th Avenue NW. Positioning the home on the site in the manner proposed by the applicant will not interfere with the view or sun access of Lot 6. The applicant is proposing to construct the home 12 feet from the rear lot line. Although the home can be built up to 5 feet from the rear lot line (see attached diagram), which would reduce the amount of variance requested, a 12.foot setback is reasonable since the rear yard of the proposed home will face the side yard on Lot 4. There are only four other lots in the City of New Brighton that are almost the same in configuration, size, and number of street sides as the lot in question. These are the corner lots on Walnut Court North and Walnut Court South (see attached plat). The homes on these lots have a 30 foot setback on all street sides. However, the homes on Walnut Courts have less ground floor area than the proposed home on 26th Avenue NW. The home on 26th Avenue NW is to be a one story, three car garage dwelling. The homes on Walnut Courts are one-story and two-story dwellings with two car garages.