09-27-1995 Council Agenda - Laserfiche WebLink

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. SEP-13 -1995 1633 NRC 612 595 9837 P.02/03 fric, Northwest Associated Consultants, Inc. C C O M M U N I T Y P L N I N G A N • D E S I G N • M A R K E T R E S E AR CH MEMORANDUM TO: Little Canada City Comm] FROM: Stephen Grittman DATE: September 13, 1995 RE: Little Canada - l: elbel Conditional Use Permit FILE NO: 755.09 - 95 This memorandum is intended to provide a basis for the Canna's consideration of the Leilxl Conditional Use Permit, particalady in the event that the Coancl wishes to approve an alive location, or modify the proposal in some other way. The issue is the proposal bas revolved aronad whether the location proposed by the Leibel's for their second garage is to be subject to the setbacks normally associated with the front yard, 30 feet in the case of the R-1 District. Our report on this proposal was based on the idea that the proposed location was in an area that the Zoning Ordinance does not have a definition for. Thus, the "rear yard' setback was applied as an interpretation based on the adjoiniug property owner's use of land. There am no directly applicable precedents which the City has considered. The Emausen property on Wring Drive was dose. However, since the Dramas were Dot proposing an accessory building, the setback applied to their home was 30 feet, regardless whether the City applied the front or rear setback regulation Our report on the Branson variance request referred to both as possible interpretations. If the City believes that the garage location proposed by the Leibels is viumpstin., the Council may approve the Conditional Use Permit based on the interpretation found in the report. The CUP can also include conditions which the Connell feels would be appropriate to mitigate any concerns over the particular location, such as tandsrnping, 5775 Wayzata Blvd • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636-Fax. 595 -9837 Page 13