HomeMy WebLinkAboutRES 18-061 DENYING ADMINISTRATIVE APPEAL OF ZONING DETERMINATION REGARDING DECKS FOR THE PROPERTY LOCATED AT 3113 EDWARD STREET NECITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 18 -061
RESOLUTION DENYING ADMINISTRATIVE APPEAL OF ZONNG
DETERMINTATION REGARDING DECKS FOR THE PROPERTY LOCATED
AT 3113 EDWARD STREET NE
WHEREAS, the Applicants David and Mary Friend filed an Administrative
Appeal of Zoning Determination on August 10, 2018; and
WHEREAS, the Applicants have appealed the following zoning determination
made by City staff:
1) A deck is considered a primary structure if connected to the house, and
such structure should be subjected to the principal structure setback; and
2) That a deck is considered an accessory structure if at least 5 feet away
from the home, and therefore subject to accessory structure setback; and
WHEREAS, the City of St. Anthony Village received a request from the
Applicants David and Mary Friend for a variance from the rear yard setback to allow the
construction of a deck to result in a rear yard setback of 7.5 feet at the property located at
3113 Edward Street on July 12, 2016, legally described as follows:
Lot 12, Block 1, Wallace Roosevelt Heights Addition, Hennepin County, Minnesota
WHEREAS, the property located at 3113 Edward Street is located within the
City's R -1 Zoning District; and
WHEREAS, per Section 150.039 of city code, a rear yard setback of 25 feet is
required within the R -1 Zoning District; and
WHEREAS, the Planning Commission reviewed and considered the request
based on the related documents shown in the Applicant's application at a public hearing
at their regular meeting on September 25, 2017, and recommended denial of the request;
and
WHEREAS, the applicant withdrew their request prior to the October 10, 2017
City Council meeting; and
WHEREAS, the Planning Commission acting as the Board of Adjustments and
Appeals, reviewed and considered the administrative appeal request based on the related
documents shown in the Applicant's appeal at their regular meeting on August 27, 2018,
and recommended denial of the appeal and recommended staff draft an ordinance relating
to decks and to evaluate appropriate setbacks; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
St. Anthony Village denies the administrative appeal of zoning determination regarding
decks for the property located at 3113 Edward Street.
NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of
the City of St. Anthony Village directs staff to draft an ordinance relating to decks and to
evaluate appropriate setbacks for decks.
APPROVED in the regular session of the City Council on September 11, 2018.
Jerome O. Faust, Mayor
ATTEST:
Nicole Miller, City Clerk
Review for Administration: /;4u , L,
Mark Casey, City Manager