10-28-1987 Council Agenda - Laserfiche WebLink

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June 2, 1987 :nr..O; & northwest Es ssociEted corsultEnts, inc. Mr. John Kenna 212 Midwest Federal Building 50 East Fifth Street St. Paul, Minnesota 55101 Re: Lots 4 & 5, Block 2, Gervais Shores Addition File No: 758.09 - 87.31 Dear Mr. Kenna: At your request, I have reviewed the various information available regarding the encroachment of the house across the southeastern property line of Lot 5. To proceed in the manner illustrated on the attached exhibit, that is, to relocate the lot line to make the house conforming, would require the following procedures: • A subdivision, jointly applied for by both property owners, splitting the triangular piece from Lot 5, and simultaneously adding it to Lot 4. • A variance from the Subdivision Ordinance's requirement that all lots conform to lot width standards of the Zoning Ordinance. By your letter, I understand that, furthermore, a variance from Zoning Ordinance side yard setback standards would be sought to allow construction on the newly subdivided narrow Lot 5. The Little Canada Ordinances lay out conditions under which variances may be consi- dered, the criteria for which relates to pre- existing, non- economic hardships. From a technical standpoint, the subdivision application fails these tests, since the need for the variance required for its approval is a condition created by the actions of one of the property. owners.. As a result, our technical recommendation would likely be to not approve the subdivision or lot width variance. The authority to grant variances rests with the Council, and I cannot comment on their eventual course of action. If the Council were to feel, from a policy view, that the subdivision and lot width variance were justified, we would strongly discourage any further granting of variances for construction on the parcel. Our recommendation would be to make this a condition of the lot width variance approval. I hope this clarifies our stand on this issue. If I can be of additional assistance, please do not hesitate to contact me. Page 53 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925 -9420