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<br /> <br />5 <br /> <br />b. The plight of the landowner is due to circumstances unique to the property not <br />created by the landowner. <br />Staff identify circumstances unique to the property that were not created by the applicant. The subject <br />parcel is largely occupied by a city-constructed stormwater pond that was designed and installed in <br />2004, prior to the planning and development of the METRO G Line and the designation of this <br />location as a BRT terminus. At the time the pond was constructed, there was no foreseeable need for <br />an operator facility associated with future transit service. Metro Transit did not create the physical <br />constraints of the site, including the pond and its steep slopes, which limit the amount of buildable area <br />available for a facility of this type. These site conditions are unique to the property and are not the <br />result of actions taken by the applicant. <br />c. The variance will maintain the essential character of the locality <br />Staff finds that the variance will maintain the essential character of the locality. Locating the operator <br />facility closer to the G Line station integrates the structure with the existing and planned transit <br />infrastructure and minimizes disturbance to the City’s stormwater pond. The proposed placement <br />allows the facility to function as a logical extension of the adjacent right-of-way and station area rather <br />than introducing a visually or functionally separate use on the site. By contrast, strict enforcement of <br />the setback requirement would necessitate substantial grading and alteration of the pond, resulting in <br />greater physical and visual impacts that would be less consistent with the established character of the <br />area. <br /> <br />RECOMMENDATION <br />City staff finds that the applicant meets the required criteria for the front setback variance. The <br />proposal represents a reasonable use of the property for a governmental building that is consistent with <br />the zoning district and the City’s Comprehensive Plan. The need for the variance arises from the <br />operational requirements of expanded transit service and the physical constraints of the site, including <br />the presence of a City-owned stormwater pond. The proposed two-foot setback minimizes site <br />disturbance and will not materially alter the essential character of the surrounding area. <br /> <br />Staff recommends the City Council: <br /> <br />Approve the variance to allow the front setback of the principal structure to be 2 feet from the property <br />line, where a minimum setback of 10 feet is normally required, for the property located at 0 Market <br />Place Drive Little Canada, MN 55117, PID - 062922320030. Subject to the following conditions and <br />supported by the findings of fact outlined in the Staff Report: <br />1. Development authorized by the variance shall not be carried out until the applicant has secured <br />all other approvals required by this ordinance or any other applicable chapters or regulations. <br />The granting of a variance does not constitute, imply or guarantee the granting of any other <br />such required approval, such as a Building Permit. <br />2. Development authorized by the variance shall be substantially consistent with the site plan and <br />materials submitted with the variance application. Any material deviation from the approved <br />plans shall require review and approval by the City and may require an amended or new <br />variance. <br />3. The variance shall apply only to the specific governmental building approved under this <br />application and shall not be construed to authorize reduced setbacks for any other structure or <br />future expansion on the property.