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CITY -OF ST. ANTHONY <br /> REQUEST FOR CITY COUNCIL ACTION <br /> ------------------------------------------------------------------------ <br /> Date Submitted Type of Action Requested Agenda Item Number <br /> Resolution <br /> July 19, 1984 Ordinance Reports-If <br /> Date Action Requested X Formal Action/Motion Title Variance Request, <br /> Other Eugene DeKan i ck, 3109 <br /> July 24, 1984 W.ilson (ordinance <br /> interpretation) <br /> ------------------------------------------------------------------------ 1 <br /> E <br /> TO: Mayor and Councilmen i <br /> FROM: David M. Childs, City Manager <br /> ------------------------------------------------------------------------ <br /> SUMMARY DISCUSSION OF SUBJECT: The original request was for a 2' X 14' addi - <br /> tion to the south of their home at 3109 Wilson Street N.E. This would involve no <br /> roof extension, but rather an extension of the wall to the edge of the current <br /> roof line. A 5' setback is required and 3' are proposed, so a 2' variance is <br /> needed. <br /> i. <br /> At the hearing , Pat DeKanick presented documentation whereby she stated that the i <br /> addition would be cantilevered and would constitute a "bay", thus not requiring a <br /> variance. Considerable discussion ensued about what, in fact , constitutes a "bay". <br /> Mr. Harold Root , the next door neighbor, stated that he opposes the variance, the <br /> addition and presented forms signed by four neighbors who objected to the close- ° <br /> ness of the addition to the Root ' s property. The zoning ordinance and building <br /> code do not define "bay". Mrs. DeKanick' s argument about the dictionary defini - <br /> tion of "bay" seems to carry weight, especially when considering that bays may q <br /> not project more than 3 feet into a side yard, which a chimney can also do. On <br /> the other hand, considerable question exists about whether the ordinance intended <br /> that half of the width of a dwelling to be considered a "bay. <br /> RECOMMENDATION: The Planning Commission, on a 3 to 2 vote, recommended that the l? <br /> proposed addition be interpreted as a bay, thus meaning that no variance would be <br /> required to construct the proposed addition. E <br /> �f <br /> i <br /> CI Y MANAGER-' S REVIEW: COMMENTS : I will be working closely with <br /> Bill Soth to see if he can uncover further ! <br /> caselaw to support an interpretation of one <br /> wav or another. :�l I <br />