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NORTHWEST ASSOCIATED CONSULTANTS, INC. <br />5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 <br />Telephone: 952.595.9636 Facsimile: 952.595.95 37 planners(c_i•nacplanning.com <br />MEMORANDUM <br />TO: Little Canada Planning Commission <br />FROM: John Glomski / Stephen Grittman <br />DATE: May, 5, 2003 <br />RE: Little Canada — Drummer Variance <br />NAC FILE: 758.09 — 03.10 <br />BACKGROUND <br />Karen Drummer has applied for a variance to construct a six foot high stockade panel <br />fence within the 40 foot front yard setback. The subject site, located off of Rice Street, <br />consists of a nonconforming single family home and the "3020 Estates" mobile home <br />park on an approximately 4.7 acre parcel in the B -3 District. Although located in a <br />business district, the proposed fence is an accessory structure to a residential use and <br />is hence subject to the residential fence standards. <br />ANALYSIS <br />Currently the house is setback 55 feet from Rice Street and is accessed via a private <br />drive to the south. The site is 4.7 acres in area with the lot line abutting Rice Street <br />considered the front lot line for setback purposes as it is the abutting right -of -way with <br />the least width. The front yard setback requirement for the B -3 District is 40 feet. <br />Section 903.20.F.7.b requires that any fence erected within any portion of the required <br />front yard must not exceed four (4) feet in height and must be at least (25) open. <br />The applicant is requesting a variance to allow the fence to be both opaque and exceed <br />the (4) foot maximum height requirement within the front yard setback. The reasons for <br />needing this type of privacy fence, as stated in a letter submitted with the application, <br />include the extensive amount of traffic and noise caused by the local businesses as well <br />as for the protection of the applicant's family. <br />The Zoning Ordinance establishes a standard for reviewing variance requests which is <br />based on a finding that the variance is not a mere convenience to the applicant, but <br />rather a necessity to alleviate undue hardship or difficulty. The Ordinance further <br />