7.3. SR 11-21-1994 - Laserfiche WebLink

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City Council, Harley A. Marohn Page 3 November 21, 1994 . size for the lot. There is not a location on the lot where a garage could be constructed that would meet setback requirements and if the garage size just meet the minimum standards it may become unusable and not serve a purpose for the property owner. The second point addresses whether or not there might be a location for the proposed garage that may not impede upon the setback area as much. Staff is of the opinion that if the garage were moved to the east approximately eight (8) to ten (10) feet, it will better minimize the setback and may not require the movement or loss of significant trees. Staff has discussed this with Mr. Marohn and he has confirmed that it may be possible to relocate the proposed garage. The movement of the garage, which the D.N.R. recommended, would still require a variance from the setback requirements, but it would minimize the the effects along the shoreland. Staff would not be in favor of approving a thirty (32) foot variance request for the garage. PLANNING COMMISSION . The Planning Commission reviewed this request on October 25, 1994. Mter discussing the variance request the Planning Commission recommended to approve a twenty-five (25) foot variance request from the shore land setback requirements for Mr. Harley Marohn to construct a garage by a (5-0) vote. RECOMMENDATION It is recommended to approve a twenty-five (25) foot variance request from the shoreland setback requirements to construct a twenty-six (26) foot by thirty (30) foot garage based on the following findings: FINDINGS: 1) LITERAL ENFORCEMENT OF THE CODE CREATES AN UNDUE HARSHIP ON THE PROPERTY OWNER BY PREVENTING THE CONSTRUCTION OF THE GARAGE. 2) THE HARDSHIP IS CAUSED BY THE UNIQUE SHAPE OF THE LOT. 3) LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY OWNER THE ABILITY TO CONSTRUCT A GARAGE. OTHER PROPERTY OWNERS . marohn. troy