HomeMy WebLinkAboutCC RES 10-029 RESOLUTION FOR APPROVAL OF THE REQUEST FOR A VARIANCE TO ENROACH INTO THE FRONT YARD SETBACK AT 3808 HARDING STREET NE Meeting Sheet
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Box: 31
Folder: RES 2010
Document: CC RES 10-029 RESOLUTION FOR APPROVAL OF THE
REQUEST FOR A VARIANCE TO ENROACH INTO THE FRONT YARD
SETBACK AT 3808 HARDING STREET NE
• CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 10-029
RESOLUTION FOR APPROVAL OF THE REQUEST FOR A VARIANCE TO
ENCROACH INTO THE FRONT YARD SETBACK AT 3038 HARDING STREET NE
WHEREAS, a Public Hearing was scheduled with the Planning Commission for April
20, 2010 and commenced at 7:05 PM to consider the homeowners' request
for a one(1)foot variance to the front yard encroachment allowance as
permitted by Article XV of the City Code,subd. 152.177(D); and
WHEREAS, the applicants presented their request that they be given a variance so
that they could build a six (6) foot wide front porch;and
WHEREAS, the subd. 152.177(D) permits up to five (5) feet encroachment into the
front yard and the applicants requested a one (1)foot variance to subd.
152.177(D); and
WHEREAS, the applicants are required to provide evidence that discloses facts that
are unique to the subject property, that strict enforcement would cause
undue hardship;and
• WHEREAS, the applicants presented information that the property cannot be put to a
reasonable use without the variance. It is historically a common practice
to construct the principal residential structure at the front yard setback
line so that all the houses are similarly situated on the lot in an orderly
fashion. The City's Zoning Ordinances,allows a five(5) foot
encroachment in the front yard setback to accommodate steps, stoops and
porches for access and egress. The applicants stated that the current
residential front yard setback encroachment of five (5) feet is not wide
enough allow for the enjoyment of a traditional front porch that would
not be as useful for outdoor living space as a more traditional six (6)foot f
front porch; and
WHEREAS, the circumstances causing the hardship were not created by the owners.
The current house was built in 1955 on a lot that for the time was quite
typical. Whether due to the austerity of the times or design trends,front
porches were not generally a consideration in the design and construction
of the houses in St. Anthony at this time so no allowance was given to the
possibility of a porch in the future.;and
WHEREAS, the variance, if granted,will not alter the essential characteristics of the
locality. The owners stated they are committed to renovating this house
• to make more room for their growing family and in the process,are also
contributing to an updated look for their neighborhood. Their
remodeling efforts are contributing to the community-wide effort to
• maintain St. Anthony's housing stock. Additional benefits to the
community by these individual efforts include continuing and
contributing to the sense of community,the quality of life and
encouraging a sense of a village that is welcoming to neighbors. These
are qualities that the City has adopted as a vision for the community;and
WHEREAS, economic considerations alone are not the basis of the hardship. While
the variance, if approved,would certainly allow the Bowers to update the
look of their home,adding curb appeal and ultimately increasing the
market value of their home, their primary interest as communicated to
staff would be in creating a larger living space for their growing family.
While maintaining the value of this property is important,it is not the
only consideration for the property owners. They have expressed a
desire to live in a community that is committed to fostering and
encouraging positive relationships among neighbors and allows for the
easy enjoyment of their property;and
WHEREAS, the circumstances causing the hardship are unique to the individual lot.
The applicants reported that the lot is a 7,500 SF interior residential lot on
Harding Street with the existing house built in 1955,both of which are
typical for the time. However,by 1976,when the City codified the
Zoning Ordinances, the minimum residential lot size became 9,000SF.
• While the situation is not specifically unique to this property as the City
has several residential properties in the area that were platted and built
upon in the 1940s and 1950s and that are non-conforming to those
standards established in 1976, these properties do continue to evolve,
being updated with currently accepted design standards and aesthetics.
In order to maintain the City's housing stock,renovations and design
changes will on occasion require formal and legal action on the part of the
City to support the residents' efforts that create safe, secure and
comfortable places to live;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 residents. By granting this
variance, the general welfare of neighborhood is protected by the efforts
of property owners to reinvest in their property thereby continuing to
enhance the value of their home,contributing to the spirit of community
and fostering positive relationships with neighbors,and thus creating a
safer and more secure community; and
WHEREAS, the Planning Commissioners unanimously voted to recommend approval
of the proposed one (1) foot variance to the Front Yard Setback
Encroachment for 3038 Harding Street NE.
•
• BE IT RESOLVED,that the City Council of the City of St. Anthony does hereby agree
with the Planning Commissions recommendation;and
BE IT FURTHER RESOLVED that the City Council of the City of St. Anthony does
hereby approve the one (1) foot variance to the Front Yard Setback
Encroachment for 3038 Harding Street NE.
Adopted this 27th day of April,2010.
Mayor
ATTEST: PL 11M
City Clerk
Reviewed for administration:
I JAL—
City Manager
•