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Height. As determined by the current Zoning Ordinance, the height of the proposed <br />building is 17 feet, 3 inches. The maximum height allowed on an accessory building is 15 <br />feet. The request for a conditional use permit did not include a height variance. If the <br />building is approved, it will be approved at a 15 foot height. <br />Access. There is an additional issue aside from the building structure that the owner has <br />asked for City consideration. There is a 30+ foot easement that runs along the southern <br />boundary of the owner's property. This was an easement that was set aside, presumably <br />for access to the western properties. The City of Maplewood has allowed the development <br />of the Flicek Addition that removed one -half of the 66 foot right -of -way. With the building <br />of this structure, the owner has requested permission to utilize the partial right -of -way for <br />a driveway. <br />It is the opinion of our office that the City has three options to analyze with the driveway <br />issue: <br />1. Do not allow the easement to be used as a driveway. <br />2. Allow the use but sign an agreement with the owner to indemnify the City of any <br />liability. <br />3. Vacate the easement. <br />Wetland. The zoning map shows a large wetland that encompasses a large portion of the <br />Battista property. If the City allows this or any structure, special care needs to be taken <br />on the identification of wetland areas prior to disturbance of the site. <br />RECOMMENDATION <br />Based upon the review of the Zoning Ordinance and the issues discussed, our office <br />recommends approval of the conditional use permit provided the following conditions are <br />met: <br />1. The structure is redesigned to be no more than 1,500 square feet in size. <br />2. The building is redesigned so it is no greater than 15 feet in height, as determined <br />by the building height standards of Little Canada. <br />3. The City resolves the driveway issue, determining whether the easement may or <br />may not be used by the owner or whether the easement should be vacated. <br />pc: Kathy Glanzer <br />Greg Schmidt <br />G. Battista <br />2 <br />Page 25 <br />