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-3- l . Where the City only requires 30 foot front yard setbacks, the average alignment of homes along St. Anthony Boulevard is 40 feet and to move the proposed • structure forward to allow the required setback to the rear would place this home out of alignment; 2. The applicants had agreed to maintain the existing swale on the west side of the property and normal inspections by the City after the construction and landscaping is completed would confirm that no drainage change had been made; 3. There were no neighbor objections to the variance raised either before or during the Commission's May 20th hearing or the May 27th Council consideration and, in fact, the next door neighbor indicated to staff that he approved of both the plans for the house and its siting; and 4. The three questions required by statute to be answered in the affirmative had been answered thus on the application and accepted by the Planning Commission and Council . Motion carried unanimously. Both applicants were present and the Mayor told them he perceived from the copies of their plans which had been included in the Council 's agenda packet, that the home they proposed to build would be very beautiful . Ms. Clancy said they intended to start construction just as soon as she got the building permit. The next request to rezone the Amerman property had been initiated by the Council with consent of the owner by phone and neither Mr. Amerman or any of the neighbors • were present to provide input to the consideration. Motion by Councilmember Marks and seconded by Mayor Sundland to authorize the City Attorney to prepare an ordinance amending the zoning code which would change the zoning classification from C, commercial district, to R-3, townhouse residential district, for the property owned by Derek Amerman at 3305 (.also known as 3309) Stinson Boulevard N.E. , and described as the North 98.3 feet of the South 228.3 feet of the West 198 feet of the Northwest 1/4 of Section 6 T 29 R 23 (.except roadway). Hennepin County, finding that: 1 . The City's Comprehensive Plan recognizes a;iproblem,mith the existing zoning of this property; 2. There is sufficient land available in the parcel to construct an R-3 project without variances; and 3. No opposition to the proposed change was expressed either before or during the May 20th Planning Commission hearing or the May 27th Council consideration of the rezoning. Motion carried unanimously. Before the Council acted on the Commission recommendation related to the variance for a detached garage at 2528 Murray Avenue N.E. , there was a brief discussion with the applicant and Mr. Childs related to the prevalence of faulty lot surveys in that • area 30 years ago which had resulted in a good number of garages along the alley between that street and St. Anthony Boulevard being constructed too- close to the alley and to adjoining properties. The Manager indicated he anticipated the Council would be asked to address similar problems with garage sitings when homes in that area change hands.