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73 <br />CITY OF ST. ANTHONY VILLAGE <br />STATE OF MINNESOTA <br />RESOLUTION 13-072 <br />RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED SIDE <br />YARD SETBACK IN ORDER TO CONSTRUCT A STAIRWAY 1 -FOOT FROM <br />THE PROPERTY LINE ALONG THE NORTH SIDE OF THE PROPERTY TO <br />ACCESS A GARAGE ATTIC ON THE PROPERTY LOCATED AT <br />3400 HARDING STREET NE <br />WHEREAS, the City of St. Anthony Village received a request from the <br />Applicants Paul and Carla Peterson for a variance from the side yard setback to allow a <br />stairway to be constructed along the north side of the property located at 3400Iarding <br />Street NE (PID 0602923240038) on October 2, 2013, legally described as follows: <br />Lot 3, Block 4 Belden Ro <br />WHEREAS, the Applicant has requested a 4 -foot variance from the side yard <br />setback to allow for the stairway to be constructed l -foot from the north property line; <br />and <br />WHEREAS, the existing home is located 5 -feet from the north property line; and <br />WHEREAS, the Planning Commission acting as the Board of Adjustments and <br />Appeals, reviewed and considered the request based on the related documents shown in <br />the Applicant's application in a public hearing at their regular meeting on October 28, <br />2013; and <br />NOW THEREFORE BE IT RESOLVED that the City Council of the City of <br />St. Anthony Village approves the Applicant's variance request based on the following <br />findings: <br />The requested variance is consistent with all the standards for granting a <br />variance as described in Section §152.245 of the St. Anthony Village Zoning <br />Code. More specifically, the City Council finds that the requested variance is <br />justified for the following reasons: <br />a. The property owner proposes to use the property in a reasonable manner. <br />The steps will allow them to make reasonable use of the space above their <br />garage as an art studio. <br />b. The existing garage is currently five feet from the side (north) property <br />line. Therefore, there is no way the proposed stairway could be <br />constructed on the north side of the property in a way to meet the Zoning <br />Code. Other options available to the property owners would be to <br />construct the staircase inside the garage, which would result in the loss of <br />at least one parking space, which would violate the code requirement of <br />providing at least two enclosed parking spaces. Constructing the staircase <br />