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City Council Regular Meeting Minutes • October 22, 1996 Page 5 1 must be 30 feet from an adjacent street. The owner would like to request that the side 2 yard have a depth equal to the greater of 30 feet or a distance equal to the average of the 3 two adjacent lots. If the average of the two adjacent lots can be used to calculate the 4 variance needed for the construction of this addition, then the setback would be 22.5 feet 5 and Mr. Hark would need a 7.5 foot variance. The City Ordinance restricts lot coverage 6 to 35% and Mr. Hark does maintain that requirement with the proposed addition. 7 Mr. Thompson reported there were several neighbors at the meeting who spoke in favor 8 of the project. The Planning Commission recommended approval of the request on a vote 9 of 5-1, Commissioner Franzese voted naye, provided that the applicants complete the 10 construction within twelve months as stipulated in the City Zoning Ordinance and as it 11 meets the following variance criteria: 12 1. The applicant has demonstrated hardships that make it difficult to improve their 13 property without a variance. 14 2. This proposal is in the spirit of improving lots in the City of St. Anthony. 15 3. The addition will be in alignment with the existing structure and will blend with 16 the existing structures. 17 4. The property is unique as it is a corner lot which limits the buildable area. 5.' The codification of the City's Zoning Ordinance caused the problem on the lot. 6. The property has the principled residential structure already located in the side 20 yard setback prior to this addition. 21 7. - No opposition was voiced by the neighbors. 22 Commissioner Franzese voted naye as she felt that while she liked the project and it had 23 neighborhood support, she was concerned that when Hennepin County decides to widen 24 Silver Lake Road, the City will be forced to compensate residents that have received 25 variances for residential improvements along Silver Lake Road. 26 Marks questioned the hardship in this case. There was Council consensus that item 5 for 27 meeting variance criteria as stated by the Planning Commission,was irrelevant to this 28 decision. 29 Assaad Hark, 2914 - 36th Avenue N.E., stated that without the variance the improvement 30 to the room will not be possible as it will leave two corners of the house unusable. 31 Mayor Ranallo questioned the possibility of building the addition to the west of the 32 existing structure. 33 Mr. Hark stated he was trying to improve the living space of the family room. The west side of the house contained two bedrooms. It would be impossible to build the addition in this area as there is no hall access.