HomeMy WebLinkAboutCC RES 08-012 RESOLUTION FOR A VARIANCE FOR LOT WIDTH AT 3112 - 32ND AVENUE NE Meeting Sheet
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104126
Box: 31
Folder: RES 2008
Document: CC RES 08-012 RESOLUTION FOR A VARIANCE FOR LOT
WIDTH AT 3112 - 32ND AVENUE NE
CITY OF ST. ANTHONY VILLAGE
• RESOLUTION 08-012
A RESOLUTION FOR A VARIANCE FOR LOT WIDTH
AT 3112-32ND AVENUE NE
WHEREAS, the St. Anthony Planning Commission held a public hearing on December 18,
2007,regarding a request for a variance to the lot width for R-1 property located
3112-32nd Avenue NE;and
WHEREAS, The property cannot be put to a reasonable use without the variance. Section
1605.05,Subd. 2 states in part that no dwelling may be constructed or placed on
an interior lot of less than 9,000 square feet,or less than 75 feet in width at the
building setback line. Because the property at 3112-32nd Avenue is 68 feet in
width at the building setback line, the applicant would not be permitted to
reconstruct his residence to a modern,code-current structure.
Despite the narrow width, the applicant presented evidence that the lot has
sufficient square footage to allow for the construction of a residential structure
that could meet the current building codes,improve the property values and
continue the City's goal of keeping housing stock that is safe and livable.
• Further,the City Attorney advised that since the applicant proposes to
reconstruct the residential structure to a larger building footprint than the
original, thereby increasing or enhancing the nonconforming use,the applicant
should apply for a variance;and
WHEREAS, The circumstances causing the hardship were not created by the owner. The
current house was built in 1928, several years before the Zoning Code was
adopted and the lot was platted at a time when lot sizes were not regulated. The
City adopted its Zoning Code in 1976,whereby minimum lot sizes for all zoning
districts,including residential,were adopted. Therefore,the current owner did
not create the circumstances that are causing the hardship that prevents him
from rebuilding a residential structure; and
WHEREAS, The variance,if granted,will not alter the essential characteristics of the locality.
The zoning is R-1 and the structure proposed to be rebuilt is a single family
dwelling of 1,562SF to replace the smaller,original home. The proposal to
rebuild a residential structure shows the owner's intent is to be in keeping with
the essential characteristics of the area;and
WHEREAS, Economic considerations alone are not the basis of the hardship. While the
variance,if approved,would increase the property values of this property and
the neighborhood,it is not the only consideration. The property owner currently
• lives at the subject property and believes that remodeling a house that is nearly
80 years old is not practical; and
Z:\Council Meetings\2008\01 082008\01 082008 3112 32nd Avenue Lot Width Variance.doc
• WHEREAS, The circumstances causing the hardship are unique to the individual lot. The lot
is an interior,residential lot. There are a number of smaller lots in St. Anthony
Village that were platted prior to the adopted 75-foot minimum width.The
situation seems to be unique to those areas of town that first began redeveloping
from rural uses;and
WHEREAS, The granting of the variance is in keeping with the spirit and intent of the Zoning
Code. The Zoning Code was adopted to protect the health, safety and general
welfare of the City and its people. By granting this variance,owner will build a
home that is more updated and code compliant than the existing dwelling on the
site.
NOW,THEREFORE BE IT RESOLVED,the Planning Commission recommends to the City
Council to approve a variance for lot width at 3112-32nd Avenue NE.
Adopted this 8th day of Tanuary 2008.
24 .,
ayor
ATTEST:
City Clerk
• Review for Administration:
—AY --------
City Marnager
•
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