HomeMy WebLinkAboutRES 15-044 Denying Variance from required setbacks for 2926 Armour TerraceCITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15 -044
RESOLUTION DENYING A VARIANCE FROM THE REQUIRED REAR AND
SIDE YARD SETBACKS AND DENYING A VARIANCE TO LOT COVERAGE
IN ORDER TO CONSTRUCT A POOL AND POOL DECKING AT THE
PROPERTY LOCATED AT 2926 ARMOUR TERRACE
WHEREAS, the City of St. Anthony Village received a request from the
Applicant Jeff Carlson for a variance from the rear and side setback to allow the location
of pool equipment closer than 10 feet from the side and rear yard property line and a
variance to exceed the maximum lot coverage of 35 percent for the construction of a pool
and pool deck at the property located at 2926 Armour Terrace on April 24, 2015, legally
described as follows:
Lot 017, Block 005, Crestview Terrace, Hennepin County, Minnesota
WHEREAS, the property located at 2926 Armour Terrace is located within the
City's Rl Zoning District; and
WHEREAS, a 10 -foot rear and side yard setback is required within the R
Zoning District for pool equipment; and
WHEREAS, a 35 percent lot coverage maximum is required on lots 9,000 square
feet or larger; and
WHEREAS, the existing lot coverage exceeds the maximum, currently at 45
percent.
WHEREAS, the Applicant has requested a 5 -foot variance from the rear and a 5-
foot variance from the side yard setback to allow for the construction of pool equipment
located 5 feet from both the side and rear property line; and
WHEREAS, the Applicant has requested a variance of 5 percentage points to
allow the lot coverage to be 50 percent; 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 continued the public hearing to their meeting on June 22, 2015 for the applicant to
come forward with revised plans, and recommended denial of the request; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village adopts the following findings of fact related to the Applicant's variance
request:
The requested variance is not consistent with 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
not justified for the following reasons:
a. The property owner proposed project would not use the property in a
reasonable manner, due to the excessive use of hard cover and the ability
for the property owner to locate the pool equipment in a conforming
location.
b. Allowing the proposed project, while it does not have an impact on the
essential character of the locality, could impact the drainage and flooding
potential of the community, which is already a problem in this locality.
c. The basis for the practical difficulties is caused by the property owner's
desire to construct a pool, decking, and pool equipment in their backyard
which does not meet city code.
d. The comprehensive plan guides this area for single family use and adding
impervious surface will not alter that use, however, the project is
inconsistent with the goals stated in the surface water management chapter
of the comprehensive plan.
e. 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 hereby
denies the requested variances, based on the findings stated herein.
Adopted this 14 "' day of July, 2015
Attested:
Al" /V
Nic 1 Miller, City Jerk
Reviewed for administration:
4eromFaust, Mayor
ark Casey, City Manager