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FILE#05-3139 <br /> �` 16 March 2006 <br /> Page 3 of 4 <br /> �� Hardcover Calculations <br /> This property is located outside of the Shoreland Overlay District and therefore not <br /> subject to the hardcover regulltions of Section 78-1288. <br /> ------------------------------------------------------------------------------------ <br /> Side Y�rd �nd Side Street Setb�ck V�riances <br /> Zoning Ordinance Section 78-418 (1) requires a 50' setback to all property boundaries, as <br /> ihe use is conditionally permittecl in the ItR — 1B zoning district. The applicani has <br /> proposed an addition directly off tlie rear (north) of the existing buildiiig, which <br /> encroaches 22' on the western required yard and 8' on ihe eastern required side street <br /> yard. The proposed elevator will encroach 30' into the required side yard. <br /> Hardship St�tement � <br /> Applicant should be asked for�dditional testimony regarding the applicafiion. <br /> H�trdship An�lysis <br /> Staff finds there may be hardships that warrant variance approval. The western side yard <br /> setback variance is reasonable as the Minnetonka Arts Center, which is also operating <br /> under a conditional use permit, is the adjacent use not a residential home. However, the <br /> proposed elevator is a further encroachment into the western side yard and the Planning <br /> Commission should discuss whether or not this should be incorporated into the interior of <br /> the building. The side street yard setback variance may also be reasonable due the <br /> existence of Briar Street, again instead of directly adjacent to a residential hoine. Also, a <br /> side street setback variance was granted under Resolution #3424 for the existing gravel <br /> parking area, which is a further encroaclunent than the proposed addition. <br /> Conditional Use Permit Analysis <br /> Zoning Ordinance Section 78-916 allows the Planning Commission to recommend that <br /> the Coluicil grant a conditional use permit when evidence is submitted to the City making <br /> the following findings: � <br /> (1) T11at the proposed location of the conditional use is in accord with the <br /> oUjectives of this chapter and the purposes of the district in which fihe site <br /> is located and the comprehensive municipal plan; <br /> tlllhough setb�rck vc�ricz��ces ttre �•eguest.ed, tl�e �'eg�aee of vcri°ia»ce �-vill»ot. <br /> zrrc�•ecrse dzre to l.h.e locatro�z of t1�e exfsti�zg birilc�ingfo�• lhe additional S'of <br /> bz�ilding to Cl�e �zo��th lhan ��as p��evr'ozrsly app�rovec� Tl�e exislin.g btrilc�irag <br /> is t.wo stories, it seems reasonable for�lhe 45'a�lc�itr'on to have a second <br /> sto�y czs��ell. The pr�oposed elevato�•shafl. is a fiti•ther e��c�•oacl�ment i��lo <br /> th.e side ya�°d setback a�•ea a��c�s17oa�lc�be discussed <br /> (2) That the proposed locatioil of the coiiditional use and the proposed <br /> condition under which it would be operafied or mainiained would not be <br /> detrimental io the public he�lth, safety or welfare, or mal:erially injurious <br />