RES 21-080 DENYING VARIANCES FOR SETBACKS FOR PATIO AND ACCESSORY BUILDING, IMPERIVOUS SURFACE AND APPROVING VARIANCE FOR SIDE YARD SETBACK FOR A DRIVEWAY

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CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 21-080 A RESOLUTION DENYING A REQUEST FOR VARIANCES FROM THE REQUIRED SETBACKS FOR PATIO AND ACCESSORY BUILDING (SHED), DENYING A REQUEST FOR A VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE, AND APPROVING A VARIANCE FOR SIDE YARD SETBACK FOR A DRIVEWAY WHEREAS, the City of St. Anthony Village received a request from Greg and Cynthia Stull for variances from the required setbacks for Driveway, Patio, and Accessory Building, and for Maximum Impervious Surface at 2912 Crestview Drive, legally described as follows: Lot 5, Block 3, Crestview Terrace (Subject Property); and WHEREAS, the property is located in the R-1 Single Family Residential district and the applicable setbacks for driveway, patio, and accessory building is 5 feet for the Subject Property; and WHEREAS, the applicable maximum impervious surface for the property is 40%; and WHEREAS, Title XV Land Usage, Chapter 152 Zoning Code Section §152.245 provides that City Council must provide evidence that the subject matter of the application is within the scope of the section and that strict enforcement would cause practical difficulties; and WHEREAS, the Applicant has requested a variance from the each of the standards identified herein; and WHEREAS, the driveway expansion request includes aspects of the property that meet the standards for variance consideration; and WHEREAS, the patio setback, shed setback, and impervious surface requests do not meet the standards for variance consideration; and WHEREAS, the Planning Commission held a public heating on October 19, 2021 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the City Council makes the following findings of fact in support of the resolution for approval of the driveway setback: 1. The applicant's property limits the reasonable use of the prior driveway for parking and accessibility in normal use.