HomeMy WebLinkAboutRES 14-087 Approving a Variance for 3635 Chelmford RdCITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 14-087
RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED FRONT AND
SIDE YARD SETBACKS IN ORDER TO CONSTRUCT A FIRST STORY AND
BASEMENT ADDITION 7.1 -FEET FROM THE PROPERTY LINE ALONG THE
NORTH SIDE OF THE PROPERTY LOCATED AT
3635 CHELMSFORD ROAD
WHEREAS, the City of St. Anthony Village received a request from the Applicant
Gonyea Home and Remodeling on behalf of the Property Owners David and Jaime Bolnick for a
variance from the front and side yard setbacks to allow for the construction of a first story and
basement addition on the property located at 3635 Chelmsford Road (PID 00602923110005) on
October 28, 2014, legally described as follows:
South 80 ft. of the north 300 ft. of the west 192 ft. of the east 960.6 ft. of the Northeast Quarter of
Sec. 6, Township 29, Range 23, Hennepin County
WHEREAS, the property located at 3635 Chelmsford Road is located within the City's
RI Zoning District; and
WHEREAS, a 15 -foot combined side yard setback is required within the RI Zoning
District; and
WHEREAS, a 30 -foot front yard setback is required within the RI Zoning District; and
WHEREAS, the existing home is located 23.7 -feet from the west (front) property line
and 7.2 feet from the north (side) property line; and
WHEREAS, the Applicant has requested a 1.6 -foot variance from the side yard setback
and a 6.3 -foot variance from the front yard setback to allow for the construction of a first story
and basement addition to be constructed on an existing home located 7.1 -feet from the north
(side) property line; and
WHEREAS, the Planning Commission acting as the Board of Adjustments and Appeals,
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 November 24, 2014;
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.
b. The existing home is currently 23.7 feet from the front (west) property line and
7.2 feet from the side (north) property line, rendering it a legal nonconforming
structure. Therefore, there is no way the home could be expanded (in any
direction) and adhere to the City's Zoning Code.
c. Allowing the proposed first story and basement addition will have no impact on
the essential character of the locality.
d. The basis for the practical difficulties is that the home is already constructed 23.7
feet from the front and 7.2 feet from the side lot line and does not allow for an
expansion to the existing home to be constructed in a way that would comply
with the Zoning Code.
e. If the variance is granted the use of the property would remain the same land use
as it is today. The comprehensive plan guides this area for single family use and
adding the basement and first story addition will not alter that use.
f The proposal would not change the use of the property or create a disruption to
the Single -Family Residential District. The current use as a single-family home
is consistent with the City Code.
g. The proposal seeks to make an improvement to the property by allowing the
property owners to make use of the existing home. The proposed first story and
basement addition is proposed in an area that would not be detrimental to the
neighboring property.
h. The proposal would not negatively impact adequate light or air from reaching the
property or adjacent properties.
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 requested variance will not result in overcrowding of the land or an
undue concentration of structures. The first story and basement addition will not
impact the amount of impervious surface on the property.
k. 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.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's approval of the
requested variance is contingent on the following:
I. The Applicant shall obtain all necessary permits and approvals prior to beginning
construction.
2. This variance shall expire one (1) year from the date of the resolution if the
construction of the partial second story and front stoop does not commence. City
Council approval shall be required for an extension.
Adopted this 9th day of December, 2014.
erome O. Faust, Mayor
ATTEST: 4
Barbara J. Suci6Xity Clerk
Reviewed for administration: 0 �
Mark asey, City anager