07-26-2006 Council Agenda - Laserfiche WebLink

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The City approves a variance allowing outdoor storage to be located in the side yard of the property. In the alternative, the City may approve the Conditional Use Permit without a variance with a condition that the outdoor storage area is moved to a compliant location. Approval of the Conditional Use Permit is dependent upon approval of a variance for a side yard location. The necessary hardship for a variance may be difficult to find in this case. If the commission does not feel the use is appropriate for the site, it may deny the request on legitimate grounds. A recommendation to deny the request may be based on the following findings: 1. The applicant has not shown that adequate parking exists on the site, and will remain after the storage area is built. 2. A requirement of the Conditional Use Permit for outdoor storage in a I -P district includes a provision allowing storage only in rear yard. 3. Because the property has its narrowest street frontage on Yorkton Court, the front of the property is considered the side facing Yorkton Court. 4. The proposed storage area is located in the rear yard of the property, which is not allowed by the provisions for a CUP. A variance from the CUP requirement would be required to place storage in this area. Without a variance, the requests for a conditional use permit may not be granted, as the project would not meet the conditions of the CUP that limit storage to rear yards. 5. Variances require a unique hardship to be present on the property, which cannot be demonstrated on the applicant's property. Because a hardship is not present, a variance cannot be granted. In summary, Planning Staff can not recommend the Conditional Use Permit due to the need for the variance, and a lack of hardship to support the variance. Although an alternate location meeting the strict requirements of the code may be less desirable, the variance criteria listed in the Ordinance require specific unique conditions that interfere with putting the property to reasonable use. In this case, the requirements of the zoning ordinance can be met without a variance. Pc: Kathy Glanzer Steve Westerhaus Lee Elfering AMR, 2958 Yorkton Blvd, Little Canada, MN 55117