RES 19-043 APPROVING REQUEST FOR 5.3 FOOT VARIANCE FROM REQUIRED FRONT YARD SETBACK, DENYING 1.6% VARIANCE TO IMPERVIOUS SURFACE STANDARD, DENYING VARIANCE OF SIDE YARD SETBACK LOCATED AT 2609 PAHL AVENUE

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Approval of Variance to Required Front Setback for Stoop: 1. The property is located in an area of varying setbacks from the street. 2. The proposed improvements to the property are consistent with the character of the neighborhood in which it is located. 3. The setbacks required by the ordinance for inhibit the reasonable access to the principal entry in question. 4. Due to the conditions found on the property, there are practical difficulties in complying with the strict terms of the ordinance. 5. The proposed variance will accommodate reasonable use without negative impacts on neighboring property nor on public improvements and services. Denial of Maximum Impervious Surface Variance: 1. The property is over the 9,000 square feet in area, limiting allowable impervious surface to no greater than 35% of the lot area. 2. The subject property is located in an area that has experienced flooding and stormwater management issues in the past. 3. The proposed improvements to the property are not consistent with the character of the neighborhood in which it is located. 4. The impervious surface areas can be reduced to meet the threshold requirement without variance, and still preserve reasonable use of the property. 5. Due to the conditions found on the property, there are no apparent practical difficulties in complying with the strict terms of the ordinance. 6. Denial of the variance would be consistent with the actions of the City Council in its efforts to manage runoff and impervious surfaces on other similarly situated property. Denial of a Variance to the Required Side Yard Setback for Patios: 1. The applicant has alternatives to location and /or construction of outdoor entertainment spaces that will not require variances. 2. The encroachment of a patio space into the required 5 foot setback interferes with the ability to screen such uses from adjoining residential property. 3. The encroachment of a patio space into the required 5 foot setback raises the potential for unanticipated drainage issues between properties. 4. There are no practical difficulties that support the retention of the previously constructed patio space in the existing location. 5. Sidewalks are allowed to encroach into the side yard, but in common residential applications are no more than 5 feet in width. 6. The applicant can reduce the width of the existing concrete areas to no more than 5 feet in width, and avoid setback encroachment concerns. NOW THEREFORE MAY IT BE RESOLVED, that the City Council of the City of St. Anthony Village accepts the findings and recommendations documented in the staff report and by the Planning Commission and approves a variance to the required front setback requirements as shown on the plans dated 10/31/18 and modified on 4/2/19, at 2609 Pahl Avenue: a. 5.3 feet (25.6 foot setback) to the front (Pahl Avenue).