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CC PACKET 08271996
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CC PACKET 08271996
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12/30/2015 6:30:24 PM
Creation date
12/30/2015 6:30:11 PM
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SP Box #
22
SP Folder Name
CC PACKETS 1994-1998
SP Name
CC PACKET 08271996
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r <br /> DORS EY & WHITNEY L L P <br /> • MINNEAPOLIS <br /> PILLSBURY CENTER SOUTH NEW YORK <br /> WASHINGTON,D.C. 220 SOUTH SIXTH STREET DENVER <br /> LONDON MINNEAPOLIS,MINNESOTA 55402-1498 SEATTLE <br /> BRUSSELS TELEPHONE: (612) 340-2600 <br /> FARGO <br /> HONG KONG FAX: (612) 340-2868 <br /> BILLINGS <br /> DES MOINES <br /> WILU"R 80TH <br /> ROCHESTER (812)54429M MISSOULA <br /> COSTA MESA GREAT FALLS <br /> August 19, 1996 <br /> BY FACSIMILE&MAIL <br /> Planning Commission <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> Re: Request for Side Yard Setback Variance -- William & Evelyn Hedberg, <br /> 2509 - 30th Avenue N.E. <br /> • Dear Members of the Planning Commission: <br /> A question has arisen as to whether the above-referenced side yard <br /> setback can be dealt with under the garage setback permit provisions of <br /> Section 1650.02, Subd. 6 of the Code of Ordinances. This permit provision was <br /> developed a number of years ago in response to the fact that the City was receiving a <br /> considerable number of requests for side yard or rear setback variances for garages <br /> which owners wished to locate in a rear corner of their lot. In considering these <br /> requests, the Planning Commission and Council often found it difficult to find any <br /> true "hardship" as required by the city ordinances and the state statute. For this <br /> reason, I drafted the garage setback permit provisions which appear in Subd. 6, and <br /> they were then adopted by the City Council. <br /> A question has now arisen as to whether the permit provision can be <br /> applied instead of a variance in the Hedberg case where the garage is not at the rear <br /> of the lot but is an attached garage with approximately the same front setback as the <br /> house itself. Under Subd. 3 of Section 1650.02, an attached garage must be <br /> "considered a part of the principal structure and must comply with all setbacks and <br /> other requirements applicable to the principal structure." I would interpret this to <br /> mean that even though it is a garage, for side yard setback purposes it must be <br /> treated as part of the house. As such, it would not qualify for the garage setback <br /> • permit provisions of Subd. 6, since these could not be applied to the house itself. <br />
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