2016.09.20 PC Packet Combined - Laserfiche WebLink

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the use or enjoyment of other property and be consistent with activities already occurring on the property. The neighborhood is fully developed and the improvements proposed will not negatively impact property values. (3) That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Staff finds this criterion to be met. The surrounding area is fully developed. The proposed use will have no impact on surrounding property as the Cremation Garden is consistent with current use of the property as a cemetery. (4) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Staff finds this criterion to be met. The proposed improvements will have no impact on utilities, access roads or drainage. (5) That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. Beyond the Variance request discussed further in this report, staff finds this criterion to be met. Based on the level of improvements, no other applicable zoning standards require review. Other than the request Variance, staff finds all standards to be me and would recommend approval of the Special Use Permit. VARIANCE ANALYSIS The applicant requests to install three stone cabinets, referred to as Columbaria, along the eastern north-south property line. These stone cabinets would be used to store ashes above grade. The proposed setback for the stone cabinets is 15.5’. Zoning Code Section 4-030 (1) requires that all structures associated with specially permitted uses, when R-1 or R-2 uses are adjacent, meet a 30’ setback. In order for the 15.5’ setback to be permitted, the applicant must secure a Variance to this standard. Zoning Code Section 8-210 states that the City Council shall have the power to grant variances as authorized by Minnesota Statutes, Section 462.357, subdivision 6. These standards are summarized by the following criteria (staff responses in italics): (1) The applicant has demonstrated practical difficulties in complying with the regulation. Staff finds this criterion to be met. The use of the property over the last 100 years has dictated the need to undergo the proposed improvements in an effort to continue to make use of the property. The 30’ setback imposed for structures is focused more on mitigating activities within a structure, which isn’t an issue with the Columbaria. (2) The applicant is requesting reasonable use of the property.