RES 13-052 Variance 2909 Silver Lake Court

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CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 13-052 RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE IN THE SIDE YARD AND CLOSER TO THE PRINCIPAL STRUCTURE THAN ALLOWED BY THE ZONING ORDINANCE ON THE PROPERTY LOCATED AT 2909 SILVER LAKE COURT WHEREAS, the City of St. Anthony Village received a request from the Applicant Michael Fee for a variance to allow a storage shed in the side yard and closer to the principal structure than allowed by the Zoning Ordinance on the property located at 2909 Silver Lake Court on June 2, 2013, legally described as follows: Lot 5, Block 4, HARSTAD SECOND ADDITION WHEREAS, the Planning Commission reviewed and considered the request based on the related documents shown in the Applicant's application in a public hearing at their regular meeting on June 24, 2013; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicant's variance request based on the following findings: 1. The requested variance is consistent with all the standards for granting a variance as described in Section 152.245 of the St. Anthony Village Zoning Code. More specifically, the City Council finds that the requested variance is justified for the following reasons: a. The property owner proposes to use the property in a reasonable manner. The shed will be used to store lawn and garden equipment. b. The rear yard is the only place the Code allows for the shed; however, the R -IA Zoning District is intended to preserve the lake as a natural amenity. The property owner wishes to locate the shed in the side yard in order to avoid grading in the rear yard and to preserve the views of the property and adjacent properties to and from the lake. The proposed location does not require any grading. Furthermore, it is not the property owner's fault that grading would be required to locate the shed in the rear yard. c. If the shed is to be located someplace other than the rear yard, the proposed location is the most logical due to screening and existing topography. The property owner has limited space on the southwest side of the home and in order for the shed to meet the side yard setback, an encroachment into the required setback from the principal structure is necessary. The property owner cannot change how much room there is between the home and the side property line.