05-24-2006 Council Agenda - Laserfiche WebLink

Home Browse Search

NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 ,2555 Facsimile: 763. 231 .2561 planners(q?nacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: May 4, 2006 RE: Little Canada — Bevers Conditional Use Permit and Variance FILE NO: 758.09 - 06.12 Background and Analysis The applicants are seeking a Conditional Use Permit to expand an existing non- conforming residential structure, as well as a variance to permit the expansion to be located with the required front yard setback area. The current house sits approximately 20 feet from the edge of the McMenemy Street right of way. The zoning ordinance permits the expansion of existing non - conforming structures by Conditional Use Permit. The CUP requirement is intended to ensure that construction on non - conforming properties is consistent with the neighborhood, and with the future land uses in the area. In this case, the property is guided and zoned for single family residential use. The proposed expansion enhances the existing single family use of the property, and is consistent with both current future land uses. The variance process requires a finding by the City that the variance is necessary to alleviate an undue hardship in putting the property to reasonable use under the basic zoning regulations. This process is intended to ensure that if a variance is to be granted, it is done so for reasons that are not mere inconveniences, or difficulties that are common to properties in the same zoning district. Rather, the purpose of the variance must be related to physical conditions of the property and how those conditions interfere with reasonable use as defined by the Ordinance. The applicants cite a number of factors in support of their request for the variance: • To the west is a steep slope into a wetland that restricts the ability to add to that direction. • To the south is the Williams gas pipeline — within one foot of the house — that restricts expansion in that direction.