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90 November 25, 2014 Page 2 CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE 1. Background The Applicant's wish to construct a ground floor and basement addition onto their existing home located at 3635 Chelmsford Rd. The Applicants have indicated that the addition will be approximately 1,250 square feet and will be located on the eastern side of the home extending towards Wilshire Park Elementary School. The proposed addition will be flush with the current side (north and south) setbacks. The addition will be for the construction of a new master suite, great room and upper game room on the first floor, as well as a game room and family room in the basement. The existing home is located within the Rl Zoning District which requires a 30 foot front yard setback and side yard setbacks totaling 15 feet, of which at least one side must be at least 5 feet. The existing home is located 23.7 feet from the front property line, 6.2 feet from the south property line and 7.2 feet from the north property line. In this instance, the existing home is considered a "legal nonconforming structure" as it currently does not meet the required front yard setback and side yard setback requirements of the St . Anthony Village City Code . Minnesota Statutes Chapter §462 .357, Subd . le. Nonconformities states that (a) Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion ..... " 2 . Applicable Codes. Title XV Land Usage , Chapter 152 Zoning Code , Section §152.039 DIMENSIONAL REGULATIONS (WITHIN THE Rl DISTRICT) (E) Front Yard , states that "The front yard must have a depth equal to the greater of 30 feet or a distance equal to the average of the front yard depths of the two adjacent lots". Title XV Land Usage , Chapter 152 Zoning Code , Section §152.039 DIMENSIONAL REGULATIONS (WITHIN THE Rl DISTRICT) (F) Side Yards, states that "dwellings must have 2 side yards the combined width of which is at least 15 feet, and each side yard must be at least 5 feet wide. A side yard adjacent to a street must be at least 30 feet wide". Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application states that "An owner of property with an existing structure which does not comply with the zoning code, or of property on which such a structure is proposed to be constructed, may apply for a variance upon payment of the fee specified in Chapter 33". 3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152 .245 , (C) Evidence , lists the criteria the City Council must consider in determining whether to grant or deny a variance . The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The appl ication for a variance is necessary considering the existing home, as well as the proposed addition, is located closer to the side lot line than is allowed by the Zoning Code. Furthermore, the existing home as it currently sets is in violation of the required front setback criteria as outlined in the City Code . Virtually any improvement (enlargement) of the home would require the issuance of a variance. Criteria met.