05-25-1988 Council Agenda - Laserfiche WebLink

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northwest Essoci2ted consultants, inc. PLANNING REPORT TO: Little Canada Planning Commission FROM: Steve Grittman DATE: May 10, 1988 RE: Fleischacker Variance - Loading Dock Setback FILE NO: 758.09 - 88.33 BACKGROUND Mr. Ardwin Fleischacker has requested a variance from the setback requirements for loading docks. The building is located at 3202 Rice Street, the northeast quadrant of the intersection of Rice Street and the Soo Line Railroad bridge. The loading dock is proposed to replace a former dock which was removed when MnDOT was undertaking the widening and reconstruction of Rice Street in this area. ANALYSIS The Zoning Ordinance requires that loading docks may not occupy the required front yard setback area, which in the I -1, Light Industrial District, is 40 feet. The Zoning Ordinance states that non - conforming structures destroyed to the extent of more than 50 percent, may only be re- established in conformance with the ordinance. The previous dock was in violation of the setback require- ments (even with the 22 feet which MnDOT took), and as a result, was legally non - conforming. Mr. Fleischacker has applied for a variance from this provision to allow its re- establishment, maintaining a two foot setback from the new retaining wall. The ordinance uses special conditi,ons and hardships as the criteria for justifying variance requests. In this case, the City may construe there to be special circumstances since the State of Minnesota caused the removal of the original dock. As a result, we would find that the variance request appears to be reason- able and justified. 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925 -9420 Page 11