RES 19-011 ADOPTING THE FINDINGS OF FACT AND REASONS FOR DENIAL OF A LOT SPLIT WITH VARIANCE REQUEST FOR LOT SIZE ON A CORNER LOT BY WALTER SENTRYRZ AT 3713 33RD AVENUE NE

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CITY OF SAINT ANTHONY STATE OF MINNESOTA RESOLUTION 19 -011 A RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR DENIAL OF A LOT SPLIT WITH VARIANCE REQUEST FOR LOT SIZE ON A CORNER LOT BY WALTER SENTYRZ AT 3713 33" AVENUE NE FACTS Walter Sentyrz is the owner of a parcel of land located at 3713 33rd Avenue NE, St. Antony Village, Minnesota; and, 2. The subject property is legally described as follows; and, THE EAST 138 FEET OF THE SOUTH 1/3 OF THE EAST 24 RODS OF THE SOUTH 80 RODS OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 29 NORTH, RANGE 23, WEST OF THE 4T" PRINCIPAL MERIDIAN, EXCEPT THE NORTH 225 FEET THEREOF, HENNEPIN COUNTY, MINNESOTA 3. Walter Sentyrz has applied to the City of St. Anthony Village for a lot split and variance to create two lots with one being below the minimum lot size, as described in the application. 4. The proposal would vary from the minimum lot size requirements for the R -1 Single - Family District in that one of the two lots would be 10,101 square feet instead of the 11,000 square foot minimum lot size for a corner lot. 5. Following a public hearing on the application, the St. Anthony Village Planning Commission recommended denial of the lot split and variance on December 17, 2018. 6. The City Council of the City of St. Anthony Village reviewed the requested lot split and variance at its Meeting of January 8, 2019. The request is for a lot split and an 899 square foot variance to the minimum lot size for a corner lot in the R -1 Single - Family District. 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.