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HomeMy WebLinkAbout2017-05-23 WC Recorded Document 4112958 - CUP Receipt:#361772 4112958 USE E`urn to: $4600 III I 11111 II 1111111111111111 I III III 4844 North 300 West Suite 202 Certified Filed and/or recorded on: Provo UT 84604 5/23/2017 3:10 PM 4112958 Office of the County Recorder Washington County,Minnesota Jennifer Wagenius,County Recorder NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I,the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Conditional Use Permits (Accessory Structure Size & Placement) Timothy Bockman 14151 60th St. N. with the original thereof on file at the offices of the Cityof Oak Park Heights, and that the same g g is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park e' its, this 11th day of May, 2017. Eri' son C. - dministrator ' ' ' . . '`e CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMITS File No.: 236.05-17.01 Date Issued: April 25,2015 Legal Description: (Washington County Geo. Code: 04.029.20.22.0004) See Attached Exhibit "A" Owner: Timothy Bockman 14151 60th Street North Oak park Heights,MN 55082 Applicant: same Site Address: 14151 60th Street North Present Zoning District: "0" Open Space Conservation District Permitted uses set forth in Ordinance 401 Section 401..03.A.7 I. CUP PERMITS: The property is zoned"0"Open Space Conservation District but the use is and historically has been residential. Applicant has applied for four Conditional Use Permits to allow a detached garage at 14151 60th Street North . The property is zoned 0 Open Space Conservation District in which single family uses and accessory detached structures are a permitted use. Section 401.15.D.6 of the Zoning Ordinance requires a Conditional Use Permit for the size of the proposed garage with the existing garage,totaling 1,168 square feet, where 1,000 square feet is allowed. Section 401.15.D.9 of the Zoning Ordinance requires a Conditional Use Permit for the size of the garage in relation to the existing house. The gross floor area of the existing house is 1,624 square feet which would allow a 487-square foot detached accessory building. The proposed garage is 896 square feet. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the garage in the side yard. Section 401.15.3 of the Zoning Ordinance requires a Conditional Use Permit for a building height that exceeds the 12-foot height maximum. The Planners report recommended approval of the four Conditional Use Permits in that they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.D.13, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions. The Planning Commission held a public hearing at their April 13, 2017 meeting,took comments from the applicants and public, closed the public hearing, and recommended the application be approved with conditions All permits and uses applied for are granted but shall be subject to the following conditions and/or restrictions imposed by the April 25, 2017 Resolution of the City Council of the City of Oak Park Heights as follows: 1. The City Engineer shall review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 2. Any exterior mechanical equipment associated with the garage shall be screened. 3. The exterior of the proposed garage shall be finished with siding to match the current home exterior. 4. The applicant shall apply for and receive a building permit for the structure. 5. Any other conditions of the Planning Commission, City Council and City Staff. III. Reference Attachment: The reports of the City Planner dated April 5,2017 and site plan approved by the City Council are annexed hereto by reference. W. Abandonment: This permit requires continuous use in order to preserve the Conditional Use granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. V. Annual review:Annual review is not imposed as a condition of this permit. IN WITNESS WHEREOF,the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS Date: —, 9-020/ 7 BY AA 4.6. 12-ir.,LE-- M. lcComber Av. o Date: By / 7 ric ohnson City Administrator Timothy ;ockman IOW Date: (/7 /17 By 1/L._. Permit Holder 1 f EXHIBIT "A" LEGAL DESCRIPTION PT NW1/4-NW1/4 BEG AT PT ON S R/W LINE OF STATE TRK HWY#212 SD PT BEING 633FT E OF W LINE OF SEC 4 THN S&PAR TO W LINE OF SD SEC 4 DIST OF 524.24FT THN E&PAR TO N LINE OF SD SEC 4 DIST OF 200FT THN N&PAR TO W LINE OF SD SEC 4 DIST OF 524.52FT TO S R/W LINE OF SD HWY#212 THN W ALONG SD S R/W LINE DIST OF 200FT TO PT OF BEG SECTION 04 TOWNSHIP 029 RANGE 020 EXHIBIT "B" PLANNERS REPORT AND SITE PLANS Enc- bsurt. 2. 3801 Thurston Avenue N.Suite 100 Anoka, MN 55303 Phone: 783.231.5840 Facsimile: 783.427.0520 TPCQPlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: April 5, 2017 RE: Oak Park Heights— Request for Conditional Use Permits for a Garage— 14151 60th Street North TPC FILE: 236.05— 17.01 BACKGROUND Timothy Bockman has made an application for Conditional Use Permits (CUP) to allow a garage at 14151 60th Street North. The application is for four Conditional Use Permits, for the size of the new garage, for the size of the garage at it relates to the house, for the height of the structure and for the placement of the structure in a side yard. There is an existing single car attached garage of 272 square feet and an additional 896 square foot detached garage is proposed. The lot size is 1.05 acres. The property is zoned 0 Open Space Conservation District. Single family dwellings and their accessory structures are permitted uses in that District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative and Justification for CUP Exhibit 2: Air Photo of Property with Proposed Garage Exhibit 3: Site Plan Exhibit 4: East Elevation Exhibit 5: West Elevation Exhibit 6: North Elevation Exhibit 7: South Elevation Exhibit 8: Building Footprint Exhibit 9: Site Pictures (6 pages) PROJECT DESCRIPTION The project description and justification for the CUPs from Timothy Bockman is as follows: I own the residential property at 14151 60th Street N in Oak Park Heights. I propose to build a 28'x32' two car garage south of the current home. The house currently has a single car attached garage that is 13'2'5(20'8"for a total of 272.11 sq. ft. The proposed garage totals 896 sq. ft. putting the total sq. ft of accessory buildings at 1168.11 sq. ft. This amount exceeds the maximum sq. ft. permitted, (1,000 sq. ft.) in Oak Park Heights by 168.11 sq. ft. The proposed structure is well within the required setbacks. Access to the building would be by the current driveway with an additional asphalt extension to reach the new concrete pad on which the new garage will be constructed. The building would have three garage doors, two on the east side for vehicle access and one on the west side for yard equipment access. There would also be five windows, two on the north side and three on the south side. One three-foot access door would be on the north side also. Roof height would be 18' which is the height of the main portion of the current home. The pitch of both the home and proposed garage would be 6/12. The exterior of the garage would be finished with siding to match the current home exterior. The current size of the lot after the MnDOT work is 1.05+/- acres. The current garage is too small for today's world. I have three vehicles I would like to keep garaged. Add in a riding lawn mower, tiller, tools, and just general storage and I found the need for a larger garage. For years, I was uncertain that would happen to my home with the change in the service road, so I held back adding anything until the road construction was complete. Now it is finished and I have decided I like where I live and would like to make my home more living friendly by adding garage space. I looked at the option of enlarging my current garage by expanding it to the maximum of 1,000 sq. ft. This option did not work because my home has a well, (private well, city sewer), which is located directly behind the current attached single car garage. Having the well service company look at the situation, access to the well would be impaired by the expansion of the current garage. Access to the well by a large truck is required anytime you need major well service. After seriously considering this option I decided that for this lot, a freestanding garage was the only viable option. The current lot size is just over an acre, (1.05+-), so the proposed garage will not look out of proportion. The garage will match the current home finish and height. I am asking that the City grant a conditional use permit to construct this garage in the summer of 2017. ISSUES ANALYSIS Comprehensive Plan The property is designated as Business Residential/Transitional in the Comprehensive Land Use Map. The request for the garage is consistent with the Comprehensive policies related to low density land use. 2 Zoning The property is zoned 0 Open Space Conservation District. Single family dwellings and their accessory structures are permitted uses in that District. The accessory building requirements in Section 401.15. D of the Zoning Ordinance require that the structures be no more than 12 feet in height, be in a rear yard, be five or more feet from side lot lines, eight feet from the rear lot line and six feet from any other structure on the same lot. Additionally, the limit for attached and detached accessory building size on a lot is 1,000 square feet and the accessory buildings cannot exceed 30 percent of the gross floor area of the principal building. Exceptions to these provisions can be made by CUP. The proposed building will be greater than 12 feet in height and the additional five-foot allowance is not permissible because of the shallow pitch of the roof. The total of all garage space is proposed at 1,168 square feet, 168 square feet more than allowed. Also, the gross floor area of the house is 1,624 square feet which would allow 487 square feet of detached accessory structure floor area. The proposed garage is 896 square feet. The criteria for reviewing the CUP request is reviewed later in this report. Setbacks Due to the odd shape of the lot and how it relates to 60th Street North, the front yard is the right of way of the street, which is to the west of the house and proposed garage. The rear yard is to the east and the side yards to the north and south of the buildings. The proposed garage will be placed in a side yard, requiring a Conditional Use Permit. The garage will be placed 58 feet from 60th Street North, 97 feet from the south property line and 44 feet from the rear property line. The setback distances are compliant with the Zoning Ordinance. Drainage/Utilities The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. Accessory Building Requirements Section 401.15.D provides a list of requirements for construction of an accessory building on a property. Please find a review of those criteria: 1. Connection with Principal Building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. Comment: The house and garage will not be attached. 3 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: A Conditional Use Permit has been requested to allow the garage structure in the side yard. The garage will be better screened by the house and existing site conditions if placed in the location proposed. 3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height and shall be five (5) feet or more from side lot lines, eight(8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. Accessory building height may be increased an additional five (5) feet with approval of the Building Official to match roof pitch or style of a principle structure. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. Comment: The setbacks are complied with. The building is proposed to be over the 12 foot-height limit and the shallow nature of the roof does not qualify it for the additional five feet in height. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: The garage will comply with this provision. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1)private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. Comment: Only one detached structure is proposed for this lot. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand (1,000) 4 square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: The Applicant has requested a Conditional Use Permit to allow 1,168 square feet of attached and detached garage space. 7. Administrative Approvals. Storage buildings one hundred twenty(120) square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit, and may be in excess of the number of structures allowable in Section 401.15.0.5. above. Comment: Not applicable. 8. Building Permit. No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.0.13 of this Ordinance. Comment: Only one detached structure is proposed. 9. Size Limit. Except in the case of single family detached dwellings, accessory buildings shall not exceed thirty (30) percent of the gross floor area of the principal buildings. In those cases, where the standards are exceeded, a conditional use permit as provided for in Section 401.03 and Section 401.15.0.13 of this Ordinance. Comment: The gross floor area of the house is 1,624 square feet. Thirty percent of the house floor area is 487 square feet which is the allowable detached garage size. The proposed detached structure is 896 square feet. A Conditional Use Permit has been requested. 10.Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. Comment: Any exterior mechanical equipment associated with the garage will need to be screened. 11.Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible"means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint as to cause: 5 a. A difference to a degree to cause incongruity. b. A depreciation of neighborhood values or adjacent property values. c. A nuisance. Types of nuisance characteristics include unsightly building exterior. Comment: The Applicant has indicated that the exterior of the garage would be finished with siding to match the current home exterior. Conditional Use Permits Application for a Conditional Use Permit shall be regulated by Section 401.03 of this Ordinance. Such a Conditional Use Permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. Comment: A detached accessory building is assumed to be used for storage to eliminate the need for exterior storage of vehicles and equipment. b. In the case of residential uses, no commercial or home occupation activities are conducted on the property. Comment: No home occupations are proposed for the property. c. The building has an evident re-use or function related to the principal use. Comment: The use will be related to the principal use. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. Comment: There should be no hazard to public health, safety and welfare. 21 e. The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. Comment: No reduction of setback requirements is requested. 6 21 f Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. Comment: There is no encroachment of existing easements. 21 g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: One ornamental tree will be removed which is allowed by the tree ordinance. 21 h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Comment: The building will not restrict sun access to abutting properties. 21 i. The building height of an accessory building shall not exceed twenty-five (25) feet. Comment: The building will be 18 feet in height to the ridge line. 21 j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty-five (35) percent of the rear yard. Comment: The building will not occupy the rear yard. k. The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. Comment: The criteria are reviewed below. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 7 Comment: The Planning Commission should comment if any of these criteria will be at odds with the Conditional Use Permits proposed for the site. The unique shape of the lot and placement of the existing home are factors that must be considered when considering the application. City Staff does not see any issues with the request. CONCLUSION/RECOMMENDATION Upon review of the request for the Conditional Use Permits, City staff would recommend the garage construction with the following conditions: 1. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 2. Any exterior mechanical equipment associated with the garage shall be screened. 3. The exterior of the proposed garage shall be finished with siding to match the current home exterior. 4. The applicant shall apply for and receive a building permit for the structure. 5. Any other conditions of the Planning Commission, City Council and City Staff. 8 eti 01- 14151 60th St N Project Description Name-Timm Bockman Owner/Applicant I own the residential property at 14151 60th St N in Oak Park Heights. I propose to build a 28'X 32'two car garage south of the current home. The house currently has a single car attached garage that is 13'2" X 20'8" for a total of 272.11 sq. ft. The proposed garage totals 896 sq. ft. putting the total sq. ft. of accessory buildings at 1168.11 sq. ft. This amount exceeds the maximum sq. ft. permitted, (1000 sq. ft.), in Oak Park Heights by 168.11 sq. ft. The proposed structure is well within the required setbacks. Access to the building would be by the current driveway with an additional asphalt extension to reach the new concrete pad on which the new garage will be constructed. The building would have 3 garage doors, two on the east side for vehicle access and one on the west side for yard equipment access. There would also be five windows,two on the north side and three on the south side. One 3' access door would be on the north side also. Roof height would be 18'which ,-� is the height of the main portion of the current home. The pitch of both the home and proposed new garage would be 6/12. The exterior of the garage would be finished with siding to match the current home exterior. The current size of the lot after the MNDOT work is 1.05+/- acres. Justification for conditional use permit. The current garage is too small for today's world. I have three vehicles I would like to keep garaged. Add in a riding lawn mower, tiller, tools and just general storage and I found the need for a larger garage. For years, I was uncertain what would happen to my home with the change in the service road, so I held back adding anything until the road construction was complete.Now it is finished and I have decided I like where I live and would like to make my home more living friendly by adding garage space. I looked at the option of enlarging my current garage by expanding it to the maximum of 1000 sq.ft. This option did not work because my home has a well, (private well, city sewer), which is located directly behind the current attached single car garage. Having the well service company look at the situation,access to the well would be impaired by the expansion of the current garage. Access to the well by a large truck is required anytime you need major well service. After seriously considering this option I decided that for this lot, a freestanding garage was the only viable option. The current lot size is just over an acre, (1.05+-), so the proposed garage will not look out of proportion. The garage will match the current home exterior finish and height. I am asking that the city grant a conditional use permit to construct this garage in the summer of 2017. Thank You Timm Bockman J 71\1 6/ 2 ,, i 1 t �r / 'tli v t g. - P le- .? iX) CV OJ i 1 O i v tD a 1 t L e, 3 cn o UI crt z - m a)F .4) iNpto / 4 t X 173 o c 8 Sr 8 *-• 1 1 II1 eff it f 4 v s &15 / \ , 7,0 Il b4 •••••• Ta1 ‘42%. 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'• ' ` •„,.i..--k ' . 4& �, °4 #, ,...,..#S,rI„c,t 1,: i4'*1t•.*p4,i;.,--l.l.'4.-.7?,„;:.',..:,?4r.2'P-”'.t 441 :i . 44... -, \_, ......, ,,,,, t `44„..‘ .144\T :Ill': .P.„..4 1 i lk. % ric:'--- „{° 4th �. I gar 441`x. r4 , � g' . < ippri f`, • e I e t 1 - ». „yiF ar. v -o.cw.•aav'. . .ai ,' ��' u � � `..:'' +F. '°.:•� €��.'�a� _,tl T �•�'.5C♦ '�' zatt< �s at y u:•e View of new garage location from 60th Street to the west. { ' ;# � or €,0f le. a ,, *' le,. , -- .... „,,,,,,t1.-.7.-..4..„; '.....',-.. -- 1 1 ,__ ._____ _ IAito...I:4--i i __------- , ..,.......- , -_,..„.. �. ... ' r* "- mow .4', � `" "�- ��. � �` � 1 View of new garage location from the south. Roof height of hawse and new garage will both be 18' high with a 6/12 pitch. ire, j i r i, Y s,, ,M Y ' . .µ?i ' i r l ' { R E � i �' I , " t ,M, S 4t' f.. I. i i?. p Y • I +,s h , # ' y i _. R v r +n o _a' s • f' .,'. f.'vex tR r - "" .. Vis- r-t7 R aµ.: - �� {, . . 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'w' 3 .,-:.";}7-1- _ 1:44,1„ , 111 ft ii 1111 111 t 4164 , , — - , ,--Art,..4,- ,. mi View of current one-car garage.