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M <br />CITY OF ST. ANTHONY <br />STATE OF MINNESOTA <br />RESOLUTION 11-064 <br />RESOLUTION FOR APPROVAL OF THE REQUEST FOR A VARIANCE TO <br />ENCROACH INTO THE FRONT YARD SETBACK AT 3701 CHANDLER DRIVE <br />WHEREAS, a Public Hearing was scheduled with the Planning Commission for <br />October 18, 2011and commenced at 7:05 PM to consider the property <br />owner's request for a twenty-five (25) foot variance to the front yard <br />encroachment allowance as permitted by Article XV of the City Code, <br />subd. 152.177(D); and <br />WHEREAS, the applicant, Alan Plutowski, TWP Architects presented a variance <br />request that they be given a twenty-five (25) foot variance so that they <br />could build a porte cochere over the front entrance at Chandler Place; and <br />WHEREAS, the subd. 152.177 (D) permits up to five (5) feet encroachment into the <br />front yard and Mr. Plutowski is requesting a twenty-five (25) foot <br />variance to subd. 152.177(D); and <br />WHEREAS, the applicant is required to provide evidence that discloses facts that are <br />unique to the subject property, that strict enforcement would cause <br />practical difficulties, preventing the subject property to be used in a <br />reasonable manner; that the plight of the landowner is due to <br />circumstances unique to the property and not created by the landowner; <br />that the variance if granted will not alter the essential character of the <br />locality; and that economic considerations alone are not the basis of the <br />practical difficulties; and <br />WHEREAS, 1. The applicant presented information that the property cannot be put <br />to a reasonable use without the variance. It is historically a common <br />practice to construct residential structures at the front yard setback line so <br />that the structure is similarly situated on the lot in an orderly fashion. <br />The City's Zoning Ordinances, allows a five (5) foot encroachment <br />in the front yard setback to accommodate steps, stoops and porches for <br />access and egress. The applicant stated that the current residential front <br />yard setback encroachment of five (5) feet is not wide enough allow for <br />the installation of a porte cochere that would protect residents and <br />visitors from inclement weather and slippery conditions due to snow, ice <br />or rain; and <br />WHEREAS, 2. The circumstances causing the hardship were not created by the <br />owners. The current facility was built in 1966 on a lot that for the time <br />was quite typical; and <br />