05-26-2004 Council Agenda - Laserfiche WebLink

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515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766-4029 / FAX: (651) 766 -4048 www, ci.littie- canada.mn. us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: May 21,2004 RE: 2883 Condit Setback Considerations MAYOR Michael I. Fahey COUNCIL Jim LaValle Malt Anderson Rick Montour 13111 Blesener ADMINISTRATOR Joel R. Hanson In discussions I have had with Mr. Miller and his attorney, concern has been expressed about the creation of a non - conforming use if we acquire 20 feet of right -of -way from Mr. Miller to attain a 50 -foot right -of -way for Nadeau Road. They have both mentioned that a covered entryway was to be constnicted that would extend into the 30 foot setback area. If that were the case, I believe the following provision from Chapter 903.010 of our Zoning Code could apply: L. Any proposed structure which will, under this Ordinance, become non - conforming but for which a building permit has been lawfully granted prior to the effective date of this Ordinance, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of this Ordinance, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally non - conforming structure and use. The building permit that was issued for this structure only allows for a covered entryway of approximately four feet. If that entryway had been constructed as Mr. Miller represented on his building permit application, it would appear to comply with our setback requirements (30 foot for any yard abutting a public right -of -way) even after the acquisition of 20 feet from 2883 Condit. (Please note the survey prepared by E.G. Rud & Sons, Inc. on behalf of Gordie Howe finds the entryway addition is 8.2 feet with a one -foot overhang. The diagram also assumes that 20 feet has been subtracted from the property before making the setback measurements.) Another factor to consider is 903.030 of our Zoning Code dealing with allowable encroachments into required yard areas. I am not sure if these provisions are applicable in this situation but are being provided as reference material.