HomeMy WebLinkAboutRES 13-052 Variance 2909 Silver Lake CourtCITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 13-052
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
WHEREAS, the City of St. Anthony Village received a request from the Applicant
Michael Fee for a variance to allow a storage shed 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 on June 2, 2013, legally described as follows:
Lot 5, Block 4, HARSTAD SECOND ADDITION
WHEREAS, the Planning Commission reviewed and considered the request based
on the related documents shown in the Applicant's application in a public hearing at their
regular meeting on June 24, 2013; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village approves the Applicant's variance request based on the following findings:
1. The requested variance is consistent with all the standards for granting a variance as
described in Section 152.245 of the St. Anthony Village Zoning Code. More
specifically, the City Council finds that the requested variance is justified for the
following reasons:
a. The property owner proposes to use the property in a reasonable manner. The
shed will be used to store lawn and garden equipment.
b. The rear yard is the only place the Code allows for the shed; however, the R -IA
Zoning District is intended to preserve the lake as a natural amenity. The
property owner wishes to locate the shed in the side yard in order to avoid
grading in the rear yard and to preserve the views of the property and adjacent
properties to and from the lake. The proposed location does not require any
grading. Furthermore, it is not the property owner's fault that grading would be
required to locate the shed in the rear yard.
c. If the shed is to be located someplace other than the rear yard, the proposed
location is the most logical due to screening and existing topography. The
property owner has limited space on the southwest side of the home and in order
for the shed to meet the side yard setback, an encroachment into the required
setback from the principal structure is necessary. The property owner cannot
change how much room there is between the home and the side property line.
d. Granting the variance will not alter the essential character of the locality. The
shed is positioned at a lower grade and surrounded by vegetation so that it is well
screened from the street and adjacent property. Storage sheds are common
among other properties in single family districts. The use of the property will
remain a single family home in a single family neighborhood. The essential
character of the locality will not be changed with the addition of the storage
shed.
e. Economic considerations alone are not the basis of the practical difficulties.
£ Granting the variance is consistent with the City's comprehensive land use
plan and is in harmony with the general purposes and intent of the City's
Code relating to protecting the use districts. The use of the property will
remain the same as it is today.
g. Allowing the variance is in harmony with the general purposes and intent of the
City's Code relating to promoting orderly development and redevelopment.
Allowing the shed at the proposed location on the property is consistent with
promoting orderly redevelopment. In addition, it is the intent of the R -IA Zoning
District to preserve the lake as a natural amenity. By locating the shed in the side
yard as opposed to the rear yard, the shed will be tucked away out of sight lines
to and from the lake, thus preserving the views of the lake as a natural amenity.
h. Granting the variance is in harmony with the general purposes and intent of
the City's Code relating to providing adequate light, air and access to
property.
i. Allowing the variance is in harmony with the general purposes and intent of
the City's Code relating to preventing congestion in public streets. The
project will have no impact on congestion.
j. Allowing the variance is in harmony with the general purposes and intent of
the City's Code to provide for compatibility of different land uses. The
project will have no impact on land use compatibility.
k. Allowing the variance is in harmony with the general purposes and intent of the
City's Code to prevent overcrowding of land and undue concentration of
structures by regulating land, buildings, yards and densities. A detached shed is
a permitted accessory use and is common among other properties in the City.
The proposed shed would not put the property over the maximum amount of
impervious surface. The variance will not result in overcrowding or
concentration of buildings.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's
approval of the requested variance is contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and
approval before beginning construction of the proposed shed.
2. The proposed shed shall at no point be closer than 3 feet from the side property line
or 2.5 feet from the home.
3. The exterior of the shed shall be done in a manner that is consistent with home and
garage with regard to color and building materials.
APPROVED in the regular session of the City Council on July 9, 2012.
Attested:
Barb Suciu, City erk
ttrome O. Faust, Mayor
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Mark Casey, City M ager