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HomeMy WebLinkAboutRES 15-039 Approving Variance at 2832 Coolidge StCITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 15 -039 RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED REAR AND SIDE YARD SETBACKS IN ORDER TO CONSTRUCT A NEW GARAGE 1 FOOT FROM SIDE AND REAR PROPERTY LINE ALONG THE ALLEY OF THE PROPERTY LOCATED AT 2832 COOLIDGE STREET NE WHEREAS, the City of St. Anthony Village received a request from the Applicant Kevin Burns for a variance from the rear and side setback to allow for the construction of a new garage at the property located at 2832 Coolidge Street, NE on April 23, 2015, legally described as follows: Lot 003, Block 002, Murray Heights Addition to Minneapolis, Hennepin County, Minnesota WHEREAS, the property located at 2832 Coolidge St, NE is located within the City's Rl Zoning District; and WHEREAS, a 5 -foot rear and side yard setback is required within the R1 Zoning District for detached garages; and WHEREAS, the Applicant has requested a 4 -foot variance from the rear and a 4- foot variance from the side yard setback to allow for the construction of a new garage located 1 foot from both the side and rear property line; and WHEREAS, the existing garage is located 1 -foot from the north 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 May 18, 2015; 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. b. The existing garage is current 1 foot from the side and rear property line, rendering it a legal nonconforming structure. Therefore, there is no way the garage could be expanded and adhere to the City's Zoning Code. c. Allowing the proposed new garage will have no impact on the essential character of the locality. In fact upgrading the home with a two -car garage enhances the neighborhood. d. The basis for the practical difficulties is that the garage is already constructed one foot from the rear and side property lines. 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 a larger garage 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 better use of the garage by expanding it. The proposal does not increase the non - conformity. 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. 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 variances is contingent on the following: 1. 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 new garage does not commence. City Council approval shall be required for an extension. Adopted this 9`s day of June, 2015 Jerome O. Faust, Mayor Attested: Nicole Miller, y Clerk Review for Administration: & � / Mark Caeey, City Manager