04-27-1988 Council Agenda - Laserfiche WebLink

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Little Canada Planning Commission 5 April 1988 Page Two RECOMMENDATION The granting of a subdivision is the preferred solution to this situation. The issue of the location of the boundary line, however, becomes a policy matter for the City. The request for a side yard setback variance does not comply with the technical variance criteria of the ordinance, as stated in our original report on this matter. An important note to consider though is that the granting of an "unqualified" variance is most often rejected over concern for the possible precedent it may set for similar circumstances. It is unlikely that such circumstances as these would recur, and if they were, once again they would likely be viewed in a similar fashion by the City. Therefore, if the City is sympathetic to a variance from the side yard setback in this case, it would be our recommendation that the variance be granted for a reduction of the 10 foot side yard requirement to a minimum of 3 feet to allow area for maintenance of the house exterior. As stated previously, this would require approval of a sub- division of 12.1 feet from the Foyt's lot and adding it to the Rindelaub's lot. It should be noted that such a subdivision would not affect the Foyt's ability to build, and any variance request by the Foyts would require an application and would be judged on its own merits. This recommendation is made subject to comments from other City staff, including the need for new easements, and the vacation of existing easements. cc: Joe Chlebeck Tom Sweeney John Palacio Don Carley Chris Berndt Patricia Sullivan Page 46