05-23-2001 Council Agenda - Laserfiche WebLink

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PLANNING REPORT northwest ssocipted consult8 TO: Little Canada Mayor and City Council FROM: Stephen Grittman DATE: 19 June 19861 RE: Thoe Garage Variance FILE NO: 758.09 - 86.19 ts, Inc. The applicant is requesting a variance to permit the construction of a garage within the required side yard setback. The purpose of this report is to clarify Zoning Ordinance requirements for such construction and the qualifications for a variance. Side yard setbacks in the R -1 district are 10 feet for both principal and accessory buildings. As an attached garage, the proposed structure is considered a part of the principal building. The applicant proposes to construct to within three feet of the property line. Until the Ordinance was amended in 1979, garages were permitted to within five feet of the property line. By City policy, any house constructed without a garage prior to that date has been permitted to build to the five foot line. However, any construction since that date has been required to conform to the 10 foot requirement. The applicant's house was constructed in 1981, therefore, the 10 foot requirement applies in this case. As such, a setback variance is required to locate the structure as proposed. The criteria for a variance is as follows: A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved: (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. • 4820 minnetonka DIvd., ste. 20 page 49 nn 55416 (612) 925 -9420