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City Council Regular Meeting Minutes July 9, 2013 Page 2 1 A. Resolution 13-052; a Resolution Approving a Variance to Allow an Accessory Structure 2 in the Side Yard and Closer to the Principal Structure than allowed by the Zoning 3 Ordinance on the Property Located at 2909 Silver Lake Court. Paul Cincoski, Planning 4 Commissioner, presenting. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Planning Commissioner Cincoski explained that the applicant is requesting a variance to allow a 7' x 7' x 8.5' shed in the side yard and closer to the principal structure than allowed by the Code. He stated the applicant wishes to locate the shed in the side yard to avoid grading on the lake side of the property and to preserve the view from the lake. He advised the shed would be located within 2.5' from the eave of the home and the Code requires accessory structures to be at least 5' from the principal structure. He stated the subject matter of the application is within the scope of the variance process, the property owner proposes to use the property in a reasonable manner, and the shed will be used to store lawn and garden equipment. He stated the property owner has limited space on the southwest side of the home and cannot meet the side yard setback without encroaching into the required setback from the principal structure. He indicated the variance will not alter the character of the locality, the shed will be well screened and have minimal impact to adjacent properties; in addition, economic considerations are not the basis of the practical difficulties, the variance is consistent with the City's Comprehensive Plan, and the variance is in harmony with the intent of the Zoning Code. He stated the use of the property as a single family home will remain, the proposal seeks to improve the property, the proposal will not negatively impact adequate light or air from reaching the property or adjacent property, the proposal will have no impact on congestion in the public street, the proposal will not result in overcrowding of land, and the proposal will not conflict with adjacent land uses. Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 13-052; a Resolution Approving a Variance to Allow an Accessory Structure in the Side Yard and Closer to the Principal Structure than allowed by the Zoning Ordinance on the Property Located at 2909 Silver Lake Court. Motion carried unanimously. VI. GENERAL BUSINESS OF COUNCIL. A. Metropolitan Council Presentation. Adam Duininck, Metropolitan Council Representative District 8, presenting. Mayor Faust indicated Mr. Duininck was unable to attend and will be rescheduled. B. Resolution 13-053: a Resolution Authorizing the City _of St. Anthony Village to Submit a Point Source Implementation Grant Application to the Minnesota Public Facilities Authority (PFA) and to Authorize City Officials to Execute a Grant Agreement on Behalf of the City of St. Anthony Village for the Silver Lake Storm Water Treatment System. Mark Casey, City Manager, presenting. City Manager Casey stated the City Council received and rejected bids on June 250i for the Silver Lake storm water treatment project. He indicated that the City Council also took action on June 25`h to authorize the project for rebidding; as a result of the City Council's action on June 250i,