04-27-1983 Council Agenda - Laserfiche WebLink

Home Browse Search

NORTHWEST ASSOCIATED CONSULTANTS INC. PLANNING REPORT TO: Little Canada Planning Commission APR 6 1983 FROM: David Licht CITY OF L11TLE CANADA . DATE: 5 March 1983 RE: Thomas - Front and Side Yard Variance Request - Swimming Pool FILE NO: 758.09 - 83.15 BACKGROUND: On 4 April 1983, Mr. and Mrs. John E. Thomas filed for a variance to the Zoning Ordinance front and side yard setback requirements in order to allow the construction and fencing of a swimming pool and patio area in their front yard located at 2449 Diana Lane (see Attachment "A "). The property in question is zoned R -1 which requires a front yard setback of 30 feet and a side yard of ten feet. Additionally, the ordinance stipulates that fencing is required to be at minimum 4 feet around swimming pools and simultaneously limits the maximum height of fences in a front yard to 31/2 feet. A variance to Section 903.020.F.7.b. is therefore also required. REQUEST EVALUATION: The intent of the Zoning Ordinance is to restrict swimming pools to rear yards. The Thomas property is located along Gervais Lake with their rear yard being low which would likely result in construction problems for a swimming pool. The front yard therefore becomes their only realistic option. Pursuant to State statutes, a variance can only be granted due to a physical hardship existing on the property which is unique to the site in question. There is a drop in the topography on the Thomas property which would suggest some possible consideration of the request (see Attachment "B "). The question which the City must resolve is the "hardship" which is created by limiting the proposed pool within the confines of the ordinance or the justifica- tion of the necessity of having a swimming pool encroach into required "reserved" open space. Our review would suggest that the property in question is not unique nor can a "hardship" be justified on the basis of health, safety and welfare. The proposed development being pursued is simply too large for the site which exists. This suggests an over intensification of development which is simply a factor of too small a lot. Furthermore, as the property exists today it has a reasonable use which does not justify modifying established regulations. 55 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925 -9420