RES 19-012 ADOPTING FINDINGS OF FACT AND REASONS FOR DENIAL OF VARIANCE REQUEST FOR A SWIMMING POOL AND POOL MECHANICAL EQUIPMENT IN THE REQUIRED SETBACK BY DAN & ALISA BARTEL AT 4021 SILVER LAKE TERRACE

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CITY OF SAINT ANTHONY STATE OF MINNESOTA RESOLUTION 19 -012 A RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR DENIAL OF VARIANCE REQUEST FOR A SWIMMING POOL AND POOL MECHANICAL EQUIPMENT IN THE REQUIRED SETBACK BY DAN AND ALISA BARTEL AT 4021 SILVER LAKE TERRACE FACTS 1. Dan and Alisa Bartel are the owners of a parcel of land located at 4021 Silver Lake Terrace, St. Antony Village, Minnesota; and, 2. The subject property is legally described as follows; and, BEGINNING AT INTERSECTION OF NWLY AND NELY LINES OF SILVER LANE AND SILVER LAKE TERRACE; TH NWLY 244 91/100 FT ON SD NELY L; TH N 20 DEG 49 MIN E 122 FT; TH NELY TO PT 500 FT E AND 1125 FT S FROM W AND N LINES OF SE 1/4 OF NW 1/4 TH S PAR WITH W L OF SD 1/4 1/4 T 3. Dan and Aliza Bartel have applied to the City of St. Anthony Village for a variance to build a swimming pool and pool mechanical equipment as described on the application attached as Exhibit A. 4. The proposal would vary from the setback requirements for the R -lA Single - Family Lakeshore District in that it would be built within the 75 -foot setback from the natural high -water elevation of the lake. 5. Following a public hearing on the application, the St. Anthony Village Planning Commission recommended denial of the variance on November 26, 2018. 6. The City Council of the City of St. Anthony Village reviewed the requested variance at its Meeting of December 11, 2018. The request is a 39 -foot variance from the 75 -foot setback requirement for a swimming pool. The proposed setback for the pool is 36 -feet. There is also a request for a 24 -foot variance from the 75 -foot setback requirement for pool mechanical equipment. The proposed setback for the pool mechanical equipment is 51 -feet. APPLICABLE LAW 7. Minnesota Statute Section 462.357, subd. 6 provides: a. Variances shall only be permitted (a) when they are in harmony with the general purposes and intent of the ordinance and (b) when the variances are consistent with the comprehensive plan. b. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that (a) the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (b) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and (c) the variance, if granted, will not alter the essential character of the locality. 8. City Ordinance allows variances as follows. City Code Section 152.245 Variances