08-25-1999 Council Agenda - Laserfiche WebLink

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N INC CP MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: August 10, 1999 RE: Little Canada - Sorenson Right -of -way Variance FILE NO: 758.09 - 99.27 Cary Sorenson has requested a variance from the Subdivision ordinance clause requiring frontage on an improved public street. The applicant's property is located east of Greenbriar on a dedicated, but unbuilt, portion of Allan Avenue. The property is a lot of record, and sits south of another parcel in the same condition. The applicants have indicated that the neighbor to the north is not interested in building on that parcel, and they would like to defer construction of the street until the other party is also interested in building. Until that time, the applicant is requesting a license to utilize the Allan Avenue right -of -way as a private driveway. The method for accomplishing this request would be for the applicant to sign a development agreement as a part of the variance approval which would indemnify the City against claims resulting from their private use of the public right -of -way, and to agree to waive future objections to the street improvement and any assessments. This solution is an imperfect option, since future owners are likely to object regardless of the agreement. In addition, there may be some concern over the ability to enforce the assessment waiver. Of additional concern is that there does not appear to be any physical hardship to installing the street at this time. While it would likely be expensive, economic considerations are specifically excluded from the definition of hardship in the Zoning and Subdivision ordinances. On the other hand, the City has in the past granted building permits in a few previous situations, deferring the requirement for street construction until a later time. If the variance is to be approved it should be based on a finding that other property has benefitted from similar decisions. However, staff does not recommend approval, due to the lack of physical hardship, and future problems relating to street construction when additional development occurs. 5775 WAYZATA BOULEVARD, SMITE 555 ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 61 2- 59 5 -9636 FAX Page 76 MAIL NAC@ WINTERNET. COM