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PL PACKET 11262018
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PL PACKET 11262018
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11/27/2018 3:34:48 PM
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11/21/2018 9:29:18 AM
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November 26, 2018 <br />Page 2 <br /> <br /> <br /> Initial Application Date: 09‐28‐18 <br /> Complete Application Date: 10‐15‐18 <br /> Deadline for Agency: 12‐14‐18 <br />Action: 60 Days: TBD <br />Letter Sent: No <br /> 120 Days: NA <br /> <br />CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE <br />1. Background <br />The applicant proposes to construct an accessory building, swimming pool and pool mechanical <br />equipment in the required rear setback along Silver Lake. The minimum required setback in the R‐ <br />1A District is 75 feet for lots located on Silver Lake. Most homes along the lake are located close to <br />the street, creating a somewhat uniform and pleasing rhythm of building facades along Silver Lane, <br />Silver Lake Terrace, and Silver Lake Court. The subject property is complementary to this <br />predominant home placement and is larger than the average lake front lot. <br />The R‐1A Single Family Lakeshore District was adopted by St. Anthony Village in 1991. The purpose <br />of the district is to create and maintain lakeshore areas for single‐family detached residences which, <br />due to the natural amenity of the lake, and the topographic characteristics, call for zoning <br />regulations which are somewhat different from other single‐family districts and which are designed <br />for the preservation of natural areas. <br />2. Applicable Codes. <br />Title XV Land Usage, Chapter 152 Zoning Code: <br />Accessory Building: Section 152.054 (G) Rear yard applies to the accessory building. The year <br />yard requirement for lots along the lake is a minimum of 75‐feet from the ordinary high water <br />elevation. <br />Swimming pool: Section 152.053 (B. 1) and (B. 3) apply to the pool and pool mechanical <br />equipment. No part of a swimming pool or its mechanical equipment may be located within the <br />setback. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section 152.245 VARIANCE (A) Application states <br />that “An owner of property with an existing structure which does not comply with the zoning <br />code, or of property on which such a structure is proposed to be constructed, may apply for a <br />variance upon payment of the fee specified in Chapter 33”. <br />3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 <br />Zoning Code, Section 152.245 Variance, (C) Evidence, lists the criteria the City Council must consider <br />in determining whether to grant or deny a variance. <br />Request: Variance requests for addition of an accessory building, swimming pool, and pool <br />mechanical equipment within the 75‐foot rear yard setback in the R‐1A Single Family Lakeshore <br />District. The applicable criteria include: <br />1. The subject matter of the application is within the scope of this section. <br />The application for variances to the rear yard setback is an eligible subject matter for variance <br />criteria because these factors are related to dimensional and/or bulk standards. Criterion met <br />for the accessory building and for the swimming pool/mechanical equipment. <br />
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