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P.O.Box 270246,St.Paul,MN 55127 <br /> Fax:651-702-9364 Phone:651-731-7881 <br /> CaSTLe CODE CONSULTING - PLAN REVIEW- iNSPECTIONS <br /> INSPECTION SERVICES <br /> MEMOkAND UM <br /> To: Sue Henry/Assistant City Manager/City of St. Anthony <br /> Cc: Mike Mornson, City Manager/City of St. Anthony <br /> From: Greg Schmit, Building Official <br /> Date: May 1, 2002 <br /> Subject Variance Request � <br /> When the permit application was received for this house, it contained substantially more than the <br /> allowable 2972 square feet, along with a 2 foot encroachment into the required sideyard set back <br /> area. The applicant, Larry Beach Construction was advised that these were violations of the city <br /> zoning code and a building permit could not be issued until these items were remedied. <br /> Subsequently the builder submitted revised plans which eliminated the encroachment and <br /> reduced the floor area by converting what was previously a"bonus room" over the garage, into <br /> simple garage attic space. <br /> I then noted on the plans along with my other plan review comments, that there could be no <br /> floor or ceiling covering in this attic space so as to not leave any doubt that this was not to be <br /> floor area. The builder also indicated on the revised plans that the door from the second floor to <br /> the"bonus room" would be removed. <br /> Based on the revised plans and changes, I issued the building permit. <br /> I have not been called for any inspections after the foundation, so I do not know how the <br /> building is currently framed. <br /> It should be noted that by definition, floor area is to include all floor areas except the basement. <br /> There is no exception, as the builder and the owner have suggested, for garages or unfinished or <br /> uninhabitable areas. Basically, if it has a floor and it's not a basement, it must be included in the <br /> calculation. This is how I have applied your ordinance. <br /> The city zoning code requires a floor area ratio not to exceed 30%of lot area in order to limit <br /> the mass of a structure. This is totally separate from the 35%restriction on lot coverage. <br /> As I understand it, the owner is requesting a variance to the zoning code to allow the <br /> construction of the "bonus room". We know that in the case of a variance, by state statute, the <br /> applicant must prove a hardship, which by definition prevents the owner from putting the <br />