10-11-07 Planning Comm. Agenda - Laserfiche WebLink

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NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacpla nning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: October 5, 2007 RE: Little Canada -Richie Place -Variance to Cul-de-sac Length FILE NO: 758.09 - 07.31 Background and Analysis At the September 26t" City Council meeting, members of the public raised a challenge to the City's interpretation that no variance approval was necessary for the proposed 1,050 foot long temporary cul-de-sac. According to the Subdivision Ordinance, subdividers must extend new streets to provide for the potential development of adjoining properties. Such street extensions must be provided with a temporary turn- around to accommodate traffic needs until the street is extended and other outlets are provided. The City Attorney provided an opinion to the City Council that under this clause, and based on previous City experience in similar situations, no variance was necessary, even though in a temporary condition, the street exceeded the 500 foot standard. In order to avoid later challenges to the plat over this issue, the proposed developers of Richie Place are requesting a variance to permit the length of the cul-de-sac as proposed. Following is the Subdivision Ordinance section relating to the review of variance requests: The Planning Commission may recommend a variance from the minimum standards of this Ordinance (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probably effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: