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City Council Regular Meeting Minutes February 12, 2019 Page 2 A. Resolution 19 -011, a Resolution denying lot split with variance request for lot size on a comer lot by Walter Sentyrz at 3713 33rd Avenue NE. 4 Planning Commission Chair Papatola reviewed the applicant proposes a lot split to allow for two 5 lots on a 19,110 square foot lot on 33`d Avenue NE. The lot split would require a variance to lot 6 size. Lot 1 is proposed to have 9,009 sf and no variance would be needed for that lot. Lot 2 is 7 proposed to have 10,101 sf and a variance would be needed (899 sf). The location of the lot was 8 indicated on a map. 9 10 Planning Commission Chair Papatola summarized the applicable codes pertaining to this request, 11 noting City Code, Section 152.039 R -1 Single - Family District Dimensional Regulations, requires 12 a minimum lot size of 9,000 sf. for interior lots and 11,000 sf. for corner lots. City Code, Section 13 152.245 Variance, indicates a variance to the dimensional standards may be granted based on a 14 review of the criteria. 15 16 Planning Commission Chair Papatola explained it was determined the criteria was not met in the 17 criteria for variance approval. On December 17, the Planning Commission held a public hearing 18 and voted unanimously to recommend denial of the lot split and variance, based on review of the 19 criteria. Staff has provided a resolution with findings of fact for Council consideration. 20 21 Mr. Walter Sentyrz stated he has lived in St. Anthony since 1985 in one home next to the 22 property. He is asking for a variance to bring two new families to St. Anthony and redevelop a 23 property that has deteriorated over the years. He is asking for only an 899 sf. variance and has a 24 reliable builder for the project. He provided a chart of other lots size compared to his proposal. 25 He does not know when the requirement in the Code came into effect and is hoping Council will 26 approve his request. 27 28 Councilmember Gray asked Mr. Casey if there are any other situations in St. Anthony with 29 similar requests. Mr. Casey stated he is not aware of any other variances that were granted. There 30 are legal non - conforming lots within the City, but he is not aware that any variances were 31 granted for those. 32 33 Councilmember Jenson asked Mr. Casey if any other variances were granted. Mr. Casey stated 34 the Zoning Code was amended in 1990 and those properties not in conformance when Code was 35 adopted would be legal non - conforming uses. 36 37 Mayor Pro -Tern Stille stated he does not recall a variance for a corner lot in his years on the 38 Planning Commission and the City Council. He stated old housing like on this property does not 39 fit in the community and it is an odd -sized lot. He stated it does not meet the criteria for granting 40 a variance and the Council does not want to do this from an economic perspective. In his 41 opinion, this lot is not conducive to have two single - family homes constructed. 42 43 Councilmember Randle asked if one structure is out of the question. Mr. Sentyrz stated he would 44 prefer to build two houses but if the variance is not approved, he will construct a larger home on 45 the property. He would like to have two 2,000 sf. homes with double or triple garages. 46