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NAC <br />MEMORANDUM <br />NORTHWEST ASSOCIATED CONSULTANTS <br />COMMUNITY PLANNING - DESIGN - MARKET RESEARCH <br />TO: Little Canada Planning Commission <br />FROM: Stephen Grittman <br />DATE: March 9, 1998 <br />RE: Little Canada - Farley Setback Variance <br />FILE NO: 758.09 - 98.07 <br />Mr. David Farley has applied for a variance from the setback regulations for side yards <br />fronting on a public right -of -way. The property is located in the Gilanderi area and has an <br />address of 777 East Viking Drive. The setback regulation for internal side yards is 10 feet, <br />and the regulation for side yards abutting a street is 30 feet. The setback proposed is 10 <br />feet. <br />The house was remodeled recently, following the City's decision to provide public utility <br />service and a paved street for the neighborhood. As a part of this decision, the City <br />negotiated for the right of way to accompany the narrow street which previously provided <br />access to the Farley garage. The narrow street was formerly a driveway easement which <br />provided a loop access for both the Farley's and other neighborhood homes. When the <br />building addition was approved for a building permit, the building inspector was unaware <br />that the right of way had been acquired, since it had not been recorded by the County on <br />its half- section maps. As a result, the permit allowing a ten foot setback was issued in <br />violation of the regulations for side yards on a public right of way. <br />Concern has been raised as to the legality of the proposed building addition. Without the <br />benefit of a variance, the addition is technically an illegal non - conforming building. Such <br />illegal buildings do not have "grandfathered" rights under the non - conforming use section <br />of the Zoning Ordinance. The ordinance requires that these buildings must be brought into <br />conformance with the performance standard. This means that the building must be <br />reduced in size to comply with the 30 foot setback, or the building must receive a variance <br />to the regulations. <br />5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 5541 6 <br />PHONE 612 - 595 -9636 FAX 612 -595 -9837 E -MAIL NAG@WINTERNET.COM <br />Page 4 <br />