CC RES 12-072 RESOLUTION APPROVING A THREE-FOOT VARIANCE TO THE REQUIRED 30-FOOT SETBACK FROM 37TH AVENUE SOUTH FOR THE PROPERTY AT THE CORNER OF FOSS ROAD AND 37TH AVENUE NE

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CITY OF ST. ANTHONY VILLAGE HENNEPIN/RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 12-072 RESOLUTION APPROVING A THREE-FOOT VARIANCE TO THE REQUIRED 30-FOOT SETBACK FROM 37TH AVENUE SOUTH FOR THE PROPERTY AT THE CORNER OF FOSS ROAD AND 37TH AVENUE NE WHEREAS, the City of St. Anthony Village received a request from the Applicant St. Anthony Health Center for a variance to the required 30-foot setback from 37th Avenue NE on June 14, 2012, for the property legally described as follows: LOTS 8,9,AND 10,BLOCK 11, MOUNDS VIEW ACRES SECOND ADDITION;THE NORTH 74.00 FEET OF THE EAST 30.00 FEET OF LOT 11,BLOCK 11,MOUNDS VIEW ACRES SECOND ADDITION;THE EAST 30.00 FEET OF LOT 13, BLOCK 11, MOUNDS VIEW ACRES SECOND ADDITION TOGETHER WITH TERMS AND CONDITIONS OF DECLARATION OF EASEMENTS AND REAL CONVENANTS DATED DECEMBER 13, 1985,FILED OF RECORD FEBRUARY 7, 1986,AS DOCUMENT NO. 795498,AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND REAL COVENANTS DATED MAY 13, 1996, FILED OF RECORD MAY 22, 1996, AS DOCUMENT NO. 1121355. RAMSEY COUNTY, MINNESOTA TORRENS PROPERTY TORRENS CERTIFICATE NO. 380735 WHEREAS, the Applicant has requested a three-foot variance to the required 30- foot setback from 37th Avenue NE in order to construct a light well along the south elevation of the building; and WHEREAS,the Planning Commission reviewed and considered the request based on the related documents shown in the Applicant's 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 Applicant's 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 allow natural light to enter the basement of the building, thereby enhancing the Applicant's use of the building and ability to provide better physical therapy care. b. There are circumstances unique to the property not created by the property owner. The 30-foot setback was not a requirement at the time the building