3.1. BASR 02-24-2004 - Laserfiche WebLink

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Memo to Board of Adjustments/V 04-01 February 24,2004 Page 2 • Overview The applicant is requesting a variance to the 30-foot front yard setback to allow a setback of 10.5 feet from the right-of-way for 189th Avenue.He is also requesting a variance to the 50- foot setback from Lake Orono to allow a setback of 39 feet. The property is an undeveloped residential lot with frontage on Lake Orono. The lot is 75 feet wide and about 120 feet deep. It has frontage on Concord Street and also has frontage on the right-of-way for 189th Avenue. 189`1'Avenue at this location has never been constructed and the right-of-way dead-ends at Lake Orono.There is a storm sewer that is located in the right-of-way.The property is wooded and slopes toward the lake. Attached is a diagram showing the buildable area if the required setbacks are met.The buildable area is 70'by 35'. If the property line setbacks are met,the 50'shoreline setback is also met. Analysis Variance to the Front Yard Setback In order to grant a variance from the literal interpretation of the ordinance,the following five conditions must be met: • 1. Literal enforra'neat of the ordinance will cause undue hardship. Literal enforcement would not allow the applicant to construct the type of house he would like.However,the by orienting the house differently and building a different style home,the setback requirements could be met. Staff does not feel that literal enforcement of the ordinance would cause undue hardship. 2. The hardship is causal by special conditions and cirtumstances,which are peculiar to the properly and the structure incolial and which are not characteristic of or applicable to,other lands or structure in the same area. The property is similar in size to the other lots in Westwood Subdivision.Most of the lots are 75'X 120',including the corner lots. The dimensions of this lot are not peculiar or special but are characteristic of other lands in this area.However,what is unique about this property is the fact that the street right-of-way that is the subject of this variance will not be constructed. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this or finance. The literal application of this ordinance would not deprive the applicant of rights enjoyed by other properties in this area. Other lots of similar size and dimensions have • been developed. The applicant would have to design a house fit to fit on this lot S:\PLANNING\Case Files\2004\V 04-01 Epshteyn\VO4-01PC3-23.doc