05-28-2003 Council Agenda - Laserfiche WebLink

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defines undue hardship as a condition which restricts the owner from putting the property to reasonable use under the strict zoning regulations. The Zoning Ordinance also requires that the conditions for requiring a variance be unique to the property, not created by the landowner, and not have a negative effect on the character of the neighborhood. RECOMMENDATION Staff understands the applicants concerns in regards the constant traffic and noise at the subject sites location. However, the subject site is zoned B -3, General Business District, of which both the mobile home park and the single family residential use are nonconforming. The applicant new of the sites nonconformity prior to purchasing the site. The applicant would be allowed, by ordinance, to construct the proposed fence up to the 40 foot setback off of Rice Street. This would allow for the fence to extend approximately 16 feet from the house as opposed to the requested 32 feet and should enhance the requested privacy and lessen the amount of traffic noise. The applicant may also choose to extend the fence into the setback area at a height of (4) feet and at least (25)% open, which should provide the requested privacy and protection. As such, planning staff recommends denial of the request for variance as the subject site has reasonable use for the property and the granting of the variance would be an expansion of a nonconforming use. pc. Kathy Glanger Lee Elfering Greg Schroeder Steve Westerhaus Drummer Variance 3020 Rice Street, Little Canada, MN 55113