CC RES 11-066 RESOLUTION FOR DENIAL OF THE REQUEST FOR A GARAGE SETBACK PERMIT AND VARIANCE TO THE 528 SF MAXIMUM ALLOWED FOR A GARAGE SETBACK PERMIT FOR 3219 STINSON BOULEVARD NE

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CITY OF ST. ANTHONY STATE OF MINNESOTA RESOLUTION 11-066 RESOLUTION FOR DENIAL OF THE REQUEST FOR A GARAGE SETBACK PERMIT AND VARIANCE TO THE 528 SF MAXIMUM ALLOWED FOR A GARAGE SETBACK PERMT FOR 3219 STINSON BOULEVARD NE WHEREAS, a Public Hearing was scheduled with the Planning Commission for October 18, 2011 to consider the property owner's request for a Garage Setback Permit;and WHEREAS, the applicant testified that she purchase the property two years ago and was not advised that the existing garage was an illegally built garage; that she bought the property mainly because of the size of the garage. WHEREAS, the applicant stated that but for the summer storms this year, she would still be using her garage;and WHEREAS, the applicant's lot is a non-conforming lot in that it is 50' x 163' or 8,150 SF;it is an interior lot with maximum lot coverage of 40%. The current lot coverage is 38% including the size of the illegal garage; and WHEREAS, the applicant provided a written statement as required by MN statutes describing their reasons why they have a unique situation with their property, that strict enforcement would cause practical difficulties in reasonably using their property, that the property cannot be put to a reasonable use without the variance, that the circumstances causing the practical difficulties were not created by the owners, that the variance, if granted,will not alter the essential characteristics of the neighborhood, that the economic considerations alone are not the basis of the practical difficulties;and WHEREAS, staff received no letters or phone calls opposing the applicant's proposed plan to rebuild her garage;and WHEREAS, the Planning Commissioners initial vote to approve was tied with 3 ayes and 3 nays thereby failing. A second motion to approve the Garage Setback Permit and Variance was made and seconded, passing with 4 ayes and 2 nays;and BE IT RESOLVED that the City Council of the City of St. Anthony does hereby deny the Garage Setback Permit and the 308 SF variance to the 528 SF maximum garage size as specified in Subd. 152.176 (F) for 3219 Stinson Boulevard NE.