11-12-1985 Council Packet - Laserfiche WebLink

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Zoning File #980 November 5, 1985 Page 2 of 3 The structure on Lot 1 i. s five feet t ro,.Tt the proposed boundary line - structural modifications will not be required as long as a five-foot set- back is maintained. As proposed, Council is asked to approve a side yard setback variance of 10 feet (required 151). There is adequate area and width to meet. the setback standard. The future use of Lot 2 is defined in another application #982 to be reviewed at this meeting. The existing building on Lot 2 shall remain as the principal structure. Both applicant of #982 and owner of property request the side setback variance to provide adequate width for harking and traffic lane for future restaurant. In the original subdivision application, the owner sought a setback variance and planned to c;bt:a.in an easement from future owner to allow continued use of loading area serving existing stores within shopping center. The lot line can be gerrymandered to satisfj both area and setback standards but staff sees no problem with plan as proposers. At the time Council. granted preliminary approval in April of 1983 of the original application, you denied Hennepin Count.y's request for an additional 7 feet of right-of-way 'used on City's long standing policy of holding ali county roads to a maximum width of 66 feet. I have enclosed both a copy of a section of the preliminary plans for the upgrading of County Road 15 and a resolution by the City approving these plans (Exhibits H & G). In the County's most recent letter (Exhibit E) reviewing this subdivision, they remind the City of that approval and request the additional right--of-way as a dedication with the present subdivision appli- cation. Review Exhibit I, Glenn Cook a lso recommends granting the addi- tional. right-of-way now in consideration of the alternative of condemnation in 3 to 4 years. The request to close off eastern access will be upheld by the City based on close proximity to intersection of County Road 15 and Kelly. The controversal underground gas tank has been removed by Keaveny. All sewer and water assessments have been paid on the property. If additional units are required based on the proposed use of Lot 2, the future owner will be responsible for all fee payments. Park fpe of $250.00 must be Laid to the City for Lot 2. Review Fxhibit D, the City will ask that utility easements be designated on the plat over existing water line and dedicated to the public. Planning Cos !anion Reces ndation To approve the two lot commercial plat application of Richard Keaveny and a side setback variance for the existing bui ldinq on Lot 1 based on one or more of the followinq findings: 1. All other lot standards for the D-1 district have been satisfied. 2. The 100 feet width standard is minimal, any tiew indcpendent use to be established on Lot 2 would require more width based on restrictive standards for corner lots.