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SEP -13 -1995 16:33 <br />NRC 612 595 9837 P.02'03 <br />IryA Northwest Associated Consultants, Inc. <br />C O M M U N I T Y P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H <br />MEMORANDUM <br />TO Little Canada City Council <br />FROM: Stephen Grittman <br />DATE: September 13, 1995 <br />RE: Little Canada - Leibel Conditional Use Permit <br />FILE NO: 758.09 - 95 <br />This memorandum is intended to provide a basis for the Council's consideration of the Leibel <br />Conditional Use Permit, particularly in the event that the Council wishes to approve an alternative <br />location, or modify the proposal in some other way. <br />The issue in the proposal has revolved around whether the location proposed by the Leibel's for <br />their second garage is to be subject to the setbacks normally associated with the front yard, 30 feet <br />in the case of the R -1 District. Our report on this proposal was based on the idea that the <br />proposed location was in an area that the Zoning Ordinance does not have a definition for. Thus, <br />the "rear yard" setback was applied as an interpretation based on the adjoining property owner's <br />use of land. <br />There are no directly applicable precedents which the City has considered. The Brausen property <br />on Viking Drive was close. However, since the Brausens were not proposing an accessory <br />building, the setback applied to their home was 30 feet, regardless whether the City applied the <br />front or rear setback regulation. Our report on the Brausen variance request referred to both as <br />possible interpretations. <br />If the City believes that the garage location proposed by the Leibels is appropriate, the Council <br />may approve the Conditional Use Permit based on the interpretation found in the report. The <br />CUP can also include conditions which the Council feels would be appropriate to mitigate any <br />concerns over the particular location, such as landscaping. <br />5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 <br />PAGE 3 <br />