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CITY OF SAINT ANTHONY VILLAGE <br />STATE OF MINNESOTA <br />RESOLUTION 18 -061 <br />RESOLUTION DENYING ADMINISTRATIVE APPEAL OF ZONNG <br />DETERMINTATION REGARDING DECKS FOR THE PROPERTY LOCATED <br />AT 3113 EDWARD STREET NE <br />WHEREAS, the Applicants David and Mary Friend filed an Administrative <br />Appeal of Zoning Determination on August 10, 2018; and <br />WHEREAS, the Applicants have appealed the following zoning determination <br />made by City staff: <br />1) A deck is considered a primary structure if connected to the house, and <br />such structure should be subjected to the principal structure setback; and <br />2) That a deck is considered an accessory structure if at least 5 feet away <br />from the home, and therefore subject to accessory structure setback; and <br />WHEREAS, the City of St. Anthony Village received a request from the <br />Applicants David and Mary Friend for a variance from the rear yard setback to allow the <br />construction of a deck to result in a rear yard setback of 7.5 feet at the property located at <br />3113 Edward Street on July 12, 2016, legally described as follows: <br />Lot 12, Block 1, Wallace Roosevelt Heights Addition, Hennepin County, Minnesota <br />WHEREAS, the property located at 3113 Edward Street is located within the <br />City's R -1 Zoning District; and <br />WHEREAS, per Section 150.039 of city code, a rear yard setback of 25 feet is <br />required within the R -1 Zoning District; and <br />WHEREAS, the Planning Commission reviewed and considered the request <br />based on the related documents shown in the Applicant's application at a public hearing <br />at their regular meeting on September 25, 2017, and recommended denial of the request; <br />and <br />WHEREAS, the applicant withdrew their request prior to the October 10, 2017 <br />City Council meeting; and <br />WHEREAS, the Planning Commission acting as the Board of Adjustments and <br />Appeals, reviewed and considered the administrative appeal request based on the related <br />documents shown in the Applicant's appeal at their regular meeting on August 27, 2018, <br />and recommended denial of the appeal and recommended staff draft an ordinance relating <br />to decks and to evaluate appropriate setbacks; and <br />