PL PACKET 05212002 - Laserfiche WebLink

Home Browse Search

To: Mike Morrison From:Tom Brama Re: 3501 Downers Drive Dear Mike, I am writing you this letter regarding my home under construction at the above address. As you are aware,there is a difference of opinion regarding whether or not city zoning code allows for the finishing of the bonus room over.our garage. The building inspector has issued a memorandum stating that his interpretation of St.Anthony's code for floor area ratio includes the garage area. I strongly disagree and offer the below supporting rationale. 1) The city defines floor area ratio as"the ratio of the maximum permitted floor area of the principal building or buildings to the area of the lot on which they are located or to be located."The city further defines"garage"as"an accessory building the primary purpose of which is to house automobiles."By definition alone the city says that garage space is not considered"principal structure".and therefore that it should not be counted in the floor area ratio.The spirit of the rule is to limit the amount of above grade living space. 2) I have revised the height of my home to conform to the city's 25 ft.rule.I conform to the side yard, front yard and rear yard setbacks. I conform to the lot area coverage.The overall mass of my home conforms in every way to the city's requirements.The very purpose of floor area ratio is.to limit the mass*of a building in relation to the lot that it sits on.The mass of my home would not change one bit with the bonus room being finished—it merely allows me to utilize the space. 3) I have talked with one adjacent community,New Brighton,and they only use floor area ratio in commercial or high density residential to limit the size of the structures.They do not use it in their R-1 districts.I researched on the internet and found other communities that do use floor area ratio,however they clearly define floor area to exclude basements,unfinished attics,attached garages. . ."A copy of St.Paul's clarification is attatched with this letter.I have not had sufficient time to research this subject to the point that I can point out more examples,however this would be possible. My overall point is that the zoning is.sufficiently ambiguous to the point that there can be a mis- interpretation of the spirit of the zoning ordinances.While Greg felt that he was correct I think that it is Very important to note that he says the floor area ratio exists to limit the mass of the house,the mass of my house isn't affected by letting me finish the floor under the garage attic.The garage space also should not be calculated into the ratio because it is not principal structure. My home meets the .30 floor area ratio the City allows if the garage.floor is not included in the ratio.I feel therefore that a variance is not necessary for my bonus room and withdraw my request for a hearing before the planning commission. Sincerel Thomas A.Brama Owner