CC RES 12-071 RESOLUTION APPROVING A VARIANCE TO THE REAR YARD SETBACK FOR THE PROPERTY LOCATED AT 3207 SILVER LAKE ROAD

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CITY OF ST. ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 12-071 RESOLUTION APPROVING A VARIANCE TO THE REAR YARD SETBACK FOR THE PROPERTY LOCATED AT 3207 SILVER LAKE ROAD WHEREAS,the City of St. Anthony Village received a request from the Applicants David and Meridith Socha for a variance to the required rear yard setback for the property located at 3207 Silver Lake Road on May 16, 2012, legally described as follows: THE SOUTH 65 FEET OF THE NORTH 95 FEET OF THAT PART OF THE WEST 1/5 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 29, RANGE 23, LYING WEST OF THE EAST 75 FEET THEREOF UPON WHICH JUDICIAL LANDMARKS HAVE BEEN PLACED ON THE NORTHEAST AND SOUTHEAST CORNERS THEREOF; TOGETHER WITH AN EASEMENT FOR ROAD PURPOSES OVER THE NORTH 30 FEET OF THE WEST 1/5 OF THE SOUTH HALF OF THE NORTH HALF AS SHOWN IN DEED DOC.NO.456814. WHEREAS, the Applicant has requested a variance to the required rear yard setback in order to construct a garage on the property; and WHEREAS,the Planning Commission reviewed and considered the request based on the related documents shown in the Applicants' application at their regular meeting on July 17, 2012; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicants' variance request based on the following findings: 1. The requested variance is consistent with all the standards for granting a variance as described in Section 152.245 of the St. Anthony Village Zoning Code. More specifically, the City Council finds that the requested variance is justified for the following reasons: a. The property owner is proposing to use their property in a reasonable manner not permitted by the zoning code. The proposed improvement will add a garage to a property where one currently does not exist. Garages are a permitted accessory use in the R-I zoning district and are common among most other homes in the neighborhood. b. There are circumstances unique to the property not created by the property owner. The existing home was constructed when present rules regarding setbacks were not in existence. As a result, the home was built in a location on the lot that limits the property owners' ability to meet the setback requirements for most expansion projects.