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NORTHWEST ASSOCIATED CONSULTANTS INC. <br />April 16, 1984 <br />Mr. Thomas Sweeney <br />Attorney at Law <br />Sweeney, O'Connor & LeMay <br />Northern Federal Building <br />Suite 350 <br />6th and Wabasha <br />St. Paul, Minnesota 55102 <br />CITY OF <br />LITTLE CANADA <br />RE: Little Canada - Empson Development (Park Avenue) <br />File No: 758.09 <br />Dear Tom: <br />At the Planning Commission meeting, Mr. Empson appeared questioning <br />whether the City will allow sale and development of lots 21, 22 and <br />23 as depicted in the attached exhibit. This land comprises only <br />8,625 square feet, which is less than the 10,000 required in the R -1 <br />zone. A resolution No. 2189765 which the City Council passed in June <br />of 1983 implies, however, that the City will not deny a variance due <br />to lot size. This issue was created apparently by the City taking of <br />some frontage along Park Street. <br />As is typically the case, this matter is, however, not as clear cut <br />as it would seem. Lots 24 and 25 are vacant and could be sold with <br />the northerly three lots to allow development of a standard lot. It <br />is my position that as long as this land is under one ownership (Lot 21 <br />through 29), the City would have no justifiable reason to grant a <br />variance to a smaller lot, given the fact that adequate area and <br />setbacks can be maintained and the basis for a substandard lot is <br />simply the owner (house located on Lot 26) is unwilling to sell Lot 24 <br />and /or 25 with the northerly three parcels. <br />TheEmpsons requested a clarification of this matter based upon a concern <br />of their development of a solar designed house on Lots 17 through 20. <br />The matter therefore is not a request for subdivision at present, but <br />is likely to be one which is forthcoming in the near future. The <br />Empsons wish this matter to be clarified at this point, however, so that <br />they can proceed with their house based upon some assurance of what will <br />happen to the south of their property. My position regardless of the <br />substandard lot issue, is that there would be no basis for the granting <br />of a variance to the setback so that they would at least be assurred that <br />no building would occur within 10 feet of their property line. They <br />also questioned if the City had control over the "quality" of development <br />and the Planning Commission has indicated to them that such a concern was <br />beyond the jurisdiction of the City. <br />4 <br />4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 <br />