HomeMy WebLinkAboutCC RES 12-072 RESOLUTION APPROVING A THREE-FOOT VARIANCE TO THE REQUIRED 30-FOOT SETBACK FROM 37TH AVENUE SOUTH FOR THE PROPERTY AT THE CORNER OF FOSS ROAD AND 37TH AVENUE NE Meeting Sheet
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103721
Box: 31
Folder: RES 2012
Document: CC RES 12-072 RESOLUTION APPROVING ATHREE-FOOT
VARIANCE TO THE REQUIRED 30-FOOT SETBACK FROM 37TH AVENUE
SOUTH FOR THE PROPERTY AT THE CORNER OF FO55 ROAD AND 37TH
AVENUE NE
CITY OF ST. ANTHONY VILLAGE
HENNEPIN/RAMSEY COUNTY, MINNESOTA
RESOLUTION NO. 12-072
RESOLUTION APPROVING A THREE-FOOT VARIANCE TO THE
REQUIRED 30-FOOT SETBACK FROM 37TH AVENUE SOUTH FOR
THE PROPERTY AT THE CORNER OF FOSS ROAD AND 37TH AVENUE NE
WHEREAS, the City of St. Anthony Village received a request from the
Applicant St. Anthony Health Center for a variance to the required 30-foot setback from
37th Avenue NE on June 14, 2012, for the property legally described as follows:
LOTS 8,9,AND 10,BLOCK 11, MOUNDS VIEW ACRES SECOND ADDITION;THE
NORTH 74.00 FEET OF THE EAST 30.00 FEET OF LOT 11,BLOCK 11,MOUNDS VIEW
ACRES SECOND ADDITION;THE EAST 30.00 FEET OF LOT 13, BLOCK 11, MOUNDS
VIEW ACRES SECOND ADDITION TOGETHER WITH TERMS AND CONDITIONS OF
DECLARATION OF EASEMENTS AND REAL CONVENANTS DATED DECEMBER 13,
1985,FILED OF RECORD FEBRUARY 7, 1986,AS DOCUMENT NO. 795498,AMENDED
BY FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND REAL COVENANTS
DATED MAY 13, 1996, FILED OF RECORD MAY 22, 1996, AS DOCUMENT NO. 1121355.
RAMSEY COUNTY, MINNESOTA
TORRENS PROPERTY
TORRENS CERTIFICATE NO. 380735
WHEREAS, the Applicant has requested a three-foot variance to the required 30-
foot setback from 37th Avenue NE in order to construct a light well along the south
elevation of the building; and
WHEREAS,the Planning Commission reviewed and considered the request
based on the related documents shown in the Applicant's application at their regular
meeting on July 17, 2012; 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 is proposing to use their property in a reasonable
manner not permitted by the zoning code. The proposed improvement
will allow natural light to enter the basement of the building, thereby
enhancing the Applicant's use of the building and ability to provide better
physical therapy care.
b. There are circumstances unique to the property not created by the property
owner. The 30-foot setback was not a requirement at the time the building
was constructed. Additionally, relocating the physical therapy unit to
another location in the building would require other operations on site to
be rearranged. Some of this rearrangement would be due in part to
regulations the nursing home is required to follow as part of its licensing.
These conditions were not created solely by persons presently having an
interest in the parcel of land.
c. Granting the variance will not alter the essential character of the locality.
The visual impact of the light well on the exterior of the property is
minimal, as the light well will extend no more than three feet into the side
yard setback and is less than three feet high.
d. Economic considerations alone are not the basis of the practical
difficulties. The proposed location is the most logical and best suited to
allow natural light to enter the basement of the building.
e. Granting the variance is consistent with the city's comprehensive land use
plan and is in harmony with the general purposes and intent of the City's
Zoning Code relating to protecting the use districts. The use of the
property will remain the same as it is today.
f. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code relating to promoting orderly development and
redevelopment.
g. Granting the variance is in harmony with the general purposes and intent
of the City's Zoning Code relating to providing adequate light, air and
access to property. The project will not impact adjacent properties in their
ability to receive adequate light and air, or to access their property. The
variance is needed to bring natural light into the building.
h. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code relating to preventing congestion in public
streets. The project will have no impact on congestion.
i. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code to provide for compatibility of different land
uses. The project will have no impact on land use compatibility.
j. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code to prevent overcrowding of land and undue
concentration of structures by regulating land, buildings, yards and
densities. The variance will result in the building being located 27 feet
from the property line instead of the required 30 feet. Staff does not
believe that this variance will result in overcrowding or concentration of
buildings.
NOW THEREFORE BE IT FURTHER RESOLVED,that the City Council's
approval of the requested variances are contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and
approval before beginning construction of the proposed light well.
2. The proposed light well shall at no point be closer than 27 feet from the side
property line adjacent to 37th Avenue NE.
3. The construction of the light well will likely result in the removal of an
existing tree on site (shown in Exhibit B). The Applicant shall plant a new
tree on site and have it in place prior to the inspection being finalized.
APPROVED in the regular session of the City Co on July 24, 2012.
rome O. Faust, Mayor
Attested:
/126 1/1 J—J
Barb Suciu, Clerk
Reviewed for administration:
Mark Casey, City Ma ger