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47 CITY OF ST. ANTHONY VILLAGE RESOLUTION 08-012 A RESOLUTION FOR A VARIANCE FOR LOT WIDTH AT 3112 - 32ND AVENUE NE WHEREAS, the St. Anthony Planning Commission held a public hearing on December 18, 2007, regarding a request for a variance to the lot width for R-1 property located 3112 - 32nd Avenue NE; and WHEREAS, The property caruiot be put to a reasonable use without the variance. Section 1605.05, Subd. 2 states in part that no dwelling may be constructed or placed on an interior lot of less than 9,000 square feet, or less than 75 feet in width at the building setback line. Because the property at 3112- 32nd Avenue is 68 feet in width at the building setback line, the applicant would not be permitted to reconstruct his residence to a modern, code -current structure. Despite the narrow width, the applicant presented evidence that the lot has sufficient square footage to allow for the construction of a residential structure that could meet the current building codes, improve the property values and continue the City's goal of keeping housing stock that is safe and livable. Further, the City Attorney advised that since the applicant proposes to reconstruct the residential structure to a larger building footprint than the original, thereby increasing or enhancing the nonconforming use, the applicant should apply for a variance; and WHEREAS, The circumstances causing the hardship were not created by the owner. The current house was built in 1928, several years before the Zoning Code was adopted and the lot was platted at a time when lot sizes were not regulated. The City adopted its Zoning Code in 1976, whereby minimum lot sizes for all zoning districts, including residential, were adopted. Therefore, the current owner did not create the circumstances that are causing the hardship that prevents him from rebuilding a residential structure; and WHEREAS, The variance, if granted, will not alter the essential characteristics of the locality. The zoning is R-1 and the structure proposed to be rebuilt is a single family dwelling of 1,562SF to replace the smaller, original home. The proposal to rebuild a residential structure shows the owner's intent is to be in keeping with the essential characteristics of the area; and WHEREAS, Economic considerations alone are not the basis of the hardship. While the variance, if approved, would increase the property values of this property and the neighborhood, it is not the only consideration. The property owner currently lives at the subject property and believes that remodeling a house that is nearly 80 years old is not practical; and Z:\Council Meetings\2008\01082008\01082008 3112 32nd Avenue Lot Width Variance.doc