HomeMy WebLinkAboutCC RES 12-016 RESOLUTION TO APPROVE A REQUEST FOR A VARIANCE TO THE LAKESHORE ORDINANCE FOR SILVERWOOD PARK LOCATED AT 2500 COUNTY ROAD E Meeting Sheet
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103777
Box: 31
Folder: RES 2012
Document: CC RES 12-016 RESOLUTION TO APPROVE A REQUEST FOR
A VARIANCE TO THE LAKESHORE ORDINANCE FOR SILVERWOOD PARK
LOCATED AT 2500 COUNTY ROAD E
CITY OF ST. ANTHONY
RESOLUTION 12-016
RESOLUTION TO APPROVE A REQUEST FOR A VARIANCE TO THE LAKESHORE
ORDINANCE FOR SILVERWOOD PARK LOCATED AT 2500 COUNTY ROAD E
WHEREAS, a Public Hearing was scheduled with the Planning Commission for January 17,
2012 and commenced at 7:05 PM to consider the property owner's request for an
one hundred seventeen(117)foot variance to the 200 foot lakeshore setback as
required by the City's Recreational/Open Space Ordinance at§152.159,
DIMENSIONAL REGULATIONS(C);
WHEREAS, Tom Moffatt,Three Rivers Park District,presented the 117 foot variance request
that if approved,would allow the Park District to construct a 12' x 18' boat
storage and rental shed 83 feet from Silver Lake shoreline; and
WHEREAS, locating the boat storage and rental shed 200 feet back from the shoreline would
pose a public safety concern for park attendant's because the view of the lake is
obstructed by shrubs and trees;and
WHEREAS, two hundred feet puts the shed just over the crest of a steep hill creating an
additional impediment to a park attendant's response to an emergency;and
WHEREAS, the proposed shed, should it not have immediate access to the lake,would create
a dangerous situation for park visitors;and
WHEREAS, the applicant is required to provide evidence that discloses facts that are unique
to the subject property, that strict enforcement would cause practical difficulties,
preventing the subject property to be used in a reasonable manner; that the
plight of the landowner is due to circumstances unique to the property and not
created by the landowner; that the variance if granted will not alter the essential
character of the locality;and that economic considerations alone are not the basis
of the practical difficulties;and
WHEREAS, the Planning Commission found that the applicant did provide information that
the property cannot be put to a reasonable use without the variance;and
WHEREAS, the Findings of Fact established by the Planning Commission is based on the
report from Staff, the Applicant and Public testimony are as follows:
1. Silverwood Park is zoned Recreational/Open Space (ROS), which is the
current and appropriate zoning district.
2. The proposed boat and rental shed is an allowable use under§152.158
Accessory Uses (C) for the storage of equipment,provided no hazardous
materials are stored in the shed and fuel for a 9HP outboard motor is
limited to five (5) gallons.
3. The proposed height of the shed is to be no higher than 14 feet at the
pitch of the roof and will be lower in an effort to maintain as low of a
profile as possible without diminishing the space needed to store canoes
and kayaks.
4. Compliance with the Lakeshore Setback Ordinance would require the
shed to be placed on the crest of a hill that would make observation of
activities on the lake obstructed and prevent responding quickly to any
emergency, thus creating a public safety situation.
5. Locating the 12' x 18' shed by the lake shore is in keeping with the Park
District's recreational and environmental goals.
6. The structure's design will mimic the natural tones,colors and design of
the existing visitor's center and is intended to blend in with the
surroundings as much as possible.
7. The location of the shed is an effort to provide efficiency of operations as
well as providing for staff and participant safety.
8. Recreational boating activities are unique to the ROS zoning designation
when a lake is part of the property; and
WHEREAS, based on the Findings of Fact, the Planning Commissioners unanimously voted
to recommend approval of the proposed one hundred seventeen foot(117)
variance to the lakeshore setback requirement for the ROS Zoning District.
NOW THEREFORE BE IT RESOLVED,that the City Council of the City of St. Anthony hereby
approves the one hundred seventeen(117) foot variance to the Lakeshore Setback
for Silverwood Park located at 2500 County Road E.
Adopted this 24th day januaU 2012.
Mayor
ATTEST:
City Cle
Review for Administration: IMA4
City Manager