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Little Canada Planning Commission <br />10 April 1984 Page Two <br />Other conflicts are anticipated with the Zoning Ordinance Section 903.020.D, <br />accessory buildings. Point 4 under this Section states that no accessory <br />building or garage to a single family residential unit may exceed 1,000 <br />square feet without a conditional use permit, regardless of zoning district. <br />Also requiring a conditional use permit is the construction of more than one <br />accessory building for a single family structure, again regardless of zoning <br />district, this condition listed in 903.020.D.5. The proposed garage is pro- <br />hibited by both of these sections. <br />One other concern which is foreseen by this proposal regards the Water Works <br />easement. The position of the garage on the submitted structure indicates <br />that some fill may be necessary for its construction. In the absence of <br />topographic information, however, this fact could not be verified. The <br />amount of fill and its effect on the adjoining water way should be documented <br />by the City Engineer. <br />RECOMMENDATIONS <br />The level of activity on the two sites is already quite high, particularly <br />in view of the fact that the residential uses are nonconforming. The PUD <br />rezoning is a tool which allows the City to incorporate a well- designed inter- <br />mixing of various land uses. In this case, a PUD is the only reasonable means <br />by which the applicant's request could be accommodated. However, the proposal <br />is not well designed and approval of the request would have the effect of <br />allowing an increase in a nonconformaing use through the construction of <br />nonconforming structure. For these reasons, it is recommended that the PUD <br />rezoning be denied. <br />cc: Joseph Chlebeck <br />Don Carley <br />Tom Sweeney <br />Richard Kimmes <br />