HomeMy WebLinkAboutPL PACKET 03192019
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Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the March 19, 2019 Planning Commission Meeting Agenda. (action requested)
II. Approval of the December 17, 2018 Regular Planning Commission Meeting Minutes.
(action requested)
III. Public Hearing.
A. Consider a request for a 10.3 foot variance from the required 35.9 foot front yard setback to allow
for new front steps, consider a request for a 3.8 foot variance from the required 5 foot side yard
setback to allow for a patio, and consider a request for a 2.5% variance from the maximum
impervious lot coverage amount of 35% at 2609 Pahl Avenue.
B. Consider a request for a 7.7 foot variance from the required 30 foot front yard setback to allow for
an addition to the master bedroom and a front porch, and consider a request for a 14.6 foot variance
from the required 30 foot side yard setback to allow for an attached garage at 3401 Harding Street.
IV. Staff Reports.
V. Other Business.
VI. Community Forum.
Individuals may address the Planning Commission about any City business item not included on the
regular agenda. Speakers are requested to come to the podium, sign their name and address on the
form at the podium, state their name and address for the Clerk’s record, and limit their remarks to
five minutes. Generally, the Planning Commission will not take official action on items discussed at
this time, but may typically refer the matter to staff for a future report or direct the matter to be
scheduled on an upcoming agenda.
VII. Information and Announcements.
VIII. Adjournment.
CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
MARCH 19, 2019
COUNCIL CHAMBERS
7:00 PM
CITY OF ST. ANTHONY 1
PLANNING COMMISSION MEETING 2
December 17, 2018 3
7:00 p.m. 4
5
CALL TO ORDER. 6
7
Chair Papatola called the meeting to order at 7:00 p.m. 8
9
PLEDGE OF ALLEGIANCE 10
11
Chair Papatola invited the Commission and the audience to join him in the Pledge of Allegiance. 12
13
ROLL CALL. 14
15
Commissioners Present: Chair Papatola, Commissioners Bartel, Larson, Neumann, Socha, and 16
Westrick. 17
18
Absent: Commissioner Kalar 19
20
Also Present: Student Liaison Nimo Hashi and City Planner Molly Just 21
22
23
I. APPROVAL OF THE DECEMBER 17, 2018 PLANNING COMMISSION MEETING 24
AGENDA. 25
26
Motion by Commissioner Neumann, seconded by Commissioner Westrick, to approve the 27
December 17, 2018 Planning Commission agenda. 28
29
Motion carried 6-0. 30
31
II. APPROVAL OF THE NOVEMBER 26, 2018 REGULAR PLANNING COMMISSION 32
MEETING MINUTES. 33
34
Motion by Commissioner Neumann, seconded by Commissioner Socha, to approve the 35
November 26, 2018 Regular Planning Commission Meeting Minutes as presented. 36
37
Motion carried 6-0 38
39
III. PUBLIC HEARING. 40
41
A. Consider a request for a lot split and 899-foot variance from the minimum lot size 42
for a corner lot at 3713 33rd Avenue NE in the R-1 district. 43
44
Chair Papatola noted he will attend the Council Meeting presenting this case. 45
46
Chair Papatola opened the public hearing at 7:03 p.m. 47
48
Planning Commission Regular Meeting Minutes
December 17, 2018
Page 2
City Planner Molly Just reviewed the applicant requests approval of a lot split into two lots. The 1
lot split would require a variance from the corner lot size requirement of 11,000 sf. The applicant 2
proposes an 899-foot variance from the minimum for a corner lot size of 10,101 sf. The other 3
corner lots on this block range in size from 11,567 sf to 13,770 sf. Staff has reviewed for height, 4
side/front yard setback, impervious surface and the requests appear to meet all other code 5
standards. 6
7
Ms. Just reviewed the applicable codes. City Code Chapter 152 Zoning Code, Section 152.039 8
R-1 Single-Family District Dimensional Regulations applies. Section 150.039 requires a 9
minimum lot size of 9,000 for interior lots and 11,000 for corner lots in this district. To approve 10
a lot split, a variance is required for one of the lots as to lot size. 11
12
The criteria for variance approval were reviewed. 13
14
1. The subject matter is within the scope of this section – Criteria met. 15
2. Strict enforcement would cause practical difficulties because: 16
a. The applicant proposes to use the property in a reasonable manner not permitted by 17
the zoning code – Criteria not met. 18
b. The circumstances are unique to the property not created by the applicant – Criteria 19
not met. 20
c. The variance, if granted, will not alter the essential character of the locality – Criteria 21
not met. 22
d. Economic considerations alone are not the basis of the practical difficulties – Criteria 23
not met. 24
3. Consistency with the City’s comprehensive land use plan – Criteria not met. 25
4. The variance is in harmony with the general purposes and intent of the zoning code – Criteria 26
not met. 27
28
Ms. Just stated Staff recommends that the Planning Commission recommends denial of the lot 29
split and variance, based on review of the criteria. A draft resolution with findings of fact were 30
provided. 31
32
Mr. Walter Sentyrz, 3713 33rd Avenue NE, stated he lives 100 feet away from the project. He 33
purchased this property and believes two new homes in that area will enhance St. Anthony’s tax 34
base and improve the appearance. His lot is larger than other lots in the area. 35
36
Chair Papatola asked Mr. Sentyrz’s intent for the property and Mr. Sentyrz stated it is to 37
construct two single family homes. Mr. Tom Budzynski, builder, stated he constructs many 38
homes and this project would upgrade the housing economy for the City. They are not requesting 39
a large variance. There are many lots that are quite smaller that these lots. This project will help 40
the City. Mr. Sentyrz’s noted the homes would be between $400,000 - $600,000 each. He 41
believes in St. Anthony Village. 42
43
Commissioner Neumann asked what would be done with the property if the request is denied and 44
Mr. Sentyrz stated he would leave it as a rental and there should be some improvements made. 45
46
Planning Commission Regular Meeting Minutes
December 17, 2018
Page 3
Commissioner Bartel asked what the motivation is for the lot split and why not put up one single 1
family home on the current lot size. Mr. Sentyrz stated he could do that but economically it 2
would not work. The lot cost for each part would be $160,000 - $170,000. 3
4
Mr. Budzynski stated if only one home was constructed it would need to be a smaller home and 5
not as marketable. 6
7
Commissioner Socha asked when the 11,000-sf requirement was in place and Ms. Just stated 8
1993. Mr. Sentyrz stated he purchased the property a couple of weeks ago. Commissioner Socha 9
asked what the average lot size is in St. Anthony. Ms. Just stated the lot sizes for the corner lots 10
is 11,000 – 13,000 sf. She does not have the overall average lot size in the City. 11
12
Chair Papatola asked for information on the legal non-conforming lots within the City. Ms. Just 13
stated when new zoning provisions are adopted, the ordinance will state that if there are 14
properties that don’t meet the new ordinances they are grandfathered. The non-conformity could 15
not increase. 16
17
Mr. Budzynski stated this lot is across the street from Roseville where there are all apartments. 18
Two new family homes would be a blessing for the City. 19
20
Chair Papatola closed the public hearing at 7:18 p.m. 21
22
Commissioner Neumann stated she was thinking about the urban cities where there are larger 23
homes on smaller lots. 24
25
Commissioner Larson stated the way the Code is written he agrees with staff recommendation. 26
He would like a conversation to be held reviewing the current code relating to lot size. He does 27
not believe this request is far from the goals for the City. He noted that Minneapolis has 28
eliminated R-1 zoning. He does not recommend approval for this request. 29
30
Commissioner Socha stated she agrees with what Commissioner Larson said. She stated 11,000 31
sf. is not a huge lot. This is an investment project for the owner. She agrees that this request 32
should be denied. 33
34
Commissioner Bartel stated this is a significant percentage of the lot size that is being requested. 35
This is an economic consideration being proposed and he is not in favor of approving this 36
request. 37
38
Ms. Just stated this is not a rezoning request and is a request for a variance. There needs to be a 39
practical difficulty demonstrated and there has been no demonstration of a practical difficulty. 40
41
Chair Papatola concurred with what has been said. There is some new construction occurring 42
within St. Anthony. He would be in favor of recommending denial of the variance request. 43
44
Planning Commission Regular Meeting Minutes
December 17, 2018
Page 4
Motion by Commissioner Neumann, seconded by Commissioner Westrick, to recommend the 1
City Council approve the resolution adopting findings of fact and reasons for denial of a lot split 2
with variance request for lot size on a corner lot by Walter Sentyrz at 3713 33rd Avenue NE. 3
4
Motion carried 6-0. 5
6
IV. STAFF REPORTS – NONE. 7
8
V. OTHER BUSINESS. 9
10
A. Recognition of Outgoing Planning Commission Members. 11
12
Chair Papatola noted this is the last Planning Commission Meeting for Commissioners Kalar and 13
Larson. Chair Papatola thanked the Commissioners for their service to the City. 14
15
VI. COMMUNITY FORUM 16
17
No one appeared to address the Commission. 18
19
VII. INFORMATION AND ANNOUNCEMENTS – NONE. 20
21
22
VIII. ADJOURNMENT. 23
24
Motion by Commissioner Neumann, seconded by Commissioner Bartel, to adjourn the meeting 25
at 7:30 p.m. 26
27
Motion carried 6-0. 28
29
30
Respectfully submitted, 31
Debbie Wolfe (TimeSaver Off Site Secretarial, Inc.) 32
MEMORANDUM
To: Planning Commissioners
From: Stephen Grittman, City Planner
Date: Planning Commission meeting on March 19, 2019
NAC Project No. 323.01 – 19.01
Request: Public Hearing for variances to allow for various setback encroachments at
2609 Pahl Avenue.
RECOMMENDED ACTION
Staff recommends tabling this application, at the request of the applicant, due to their inability to attend
the hearing on this date. The public hearing has already been noticed. At the March 19 meeting, the
Planning Commission can acknowledge the hearing notice, then consider a motion to continue the
public hearing to April 16th, and table action on the item until that hearing. The applicant has been sent
a letter extending the 60‐day timeline, and neighbors who receive notice and have commented will be
notified of the date change.
THIS PAGE LEFT INTENTIONALLY BLANK
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on March 19, 2019, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint
Anthony Village Planning Commission will hold a public hearing to solicit public response to a request for
a 10.3 foot variance from the required 35.9 foot front yard setback to allow for new front steps,
consider a request for a 3.8 foot variance from the required 5 foot side yard setback to allow for a patio,
and consider a request for a 2.5% variance from the maximum impervious lot coverage amount of 35%
at 2609 Pahl Avenue.
The Planning Commission will make a recommendation regarding the proposed request to the City
Council for their meeting to be held on April 9, 2019 at 7:00 p.m. at City Hall.
Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be
accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony
Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the
hearing. Questions may be directed to the City Planner at 763‐957‐1100.
The Planning Commission agenda and packet item relating to this application will be made available
prior to the meeting online at www.savmn.com .
Steve Grittman
City Planner
THIS PAGE LEFT INTENTIONALLY BLANK
MEMORANDUM
To: St. Anthony Village Planning Commission
From: Stephen Grittman, City Planner
Date: Planning Commission Meeting ‐ March 19, 2019
NAC Project No. 323.01 – 19.02
Request: Request for Variance to Front Yard Setback Requirement; Variance to
Side Yard Setback Requirement Facing a Public Street.
Property Address: 3401 Harding Street NE
Property PID: 06‐029‐23‐24‐0033
STAFF RECOMMENDATION
The applicant proposes to construct two additions to an existing home at the above noted
address. The proposed additions to the one‐story rambler include living space and a front
porch to the west, facing Harding Street. On this side, the existing house setback would be
reduced from approximately 30 feet to 22.3 feet.
A second living space addition is proposed, with an attached garage facing the south (34th
Avenue NE). The 34th Avenue addition would result in a setback of 15.4 feet for the garage
area, and 23.4 feet for the living space addition. The existing setback toward 34th Street is
approximately 38 feet for the house, and 13.7 feet for a detached garage. The applicants
indicate the existing detached garage would be removed
In reviewing the proposal, both additions raise the need for variances, as follows:
A. Reduced setback from Harding Street NE, a variance of approximately 7.7 feet.
B. Reduced setback from 34th Avenue NE, a variance of approximately 14.6 feet.
Variances from each of these standards are required to proceed with the project as planned.
In reviewing the proposed improvements against the ordinance requirements, staff
recommends approval of the Harding Street front yard setback encroachment as proposed.
With regard to the variance toward 34th Avenue, staff recommends approval of the 23.4 foot
setback, with a recommendation that the attached garage be shifted on the plan to meet a
setback of at least 20 feet.
Staff has reviewed for height, use, other setbacks, and impervious surface; the request appears
to meet all other code requirements. The proposed impervious surface is 27.18%, within the
allowance for up to 35% coverage.
March 19, 2019
Page 2
GENERAL INFORMATION
Applicant: Shannon and James Foreman
Owner: Shannon and James Foreman
Location: 3401 Harding Street NE
Existing Land Use Low‐Density Residential
Zoning: R‐1 Single Family District
Surrounding Land North: Low‐Density Residential / Zoned: R‐1 Single Family District
Use / Zoning: East: Low‐Density Residential / Zoned: R‐1 Single Family District
South: Low‐Density Residential / Zoned: R‐1 Single Family District
West: Low‐Density Residential / Zoned: R‐1 Single Family District
Deadline for Agency Application Complete Date: 2/19/2019
Action: 60 Days: 4/20/2019
Letter Sent: No
120 Days: 6/19/2019
ANALYSIS
1. Background
The applicant is proposing to construct site modifications that will encroach into the front
and side setbacks, and exceed the maximum allowable impervious surface. The parcel in
question is shown on the zoning map below, and is 60 feet in width and approximately
9,285 square feet in area.
March 19, 2019
Page 3
A. Front Yard Setback Variance – Harding Street NE. The home to the north of the
subject parcel is set back from Harding Street at 30.3 feet. The required front yard
setback for the R‐1 District is 30 feet. As noted above, the existing home on the
property is currently at approximately 30 feet, meeting the required setback. The
applicants propose to construct living space and a front entry/porch that would
encroach 7.7 feet into the required front yard.
The zoning ordinance sets out a series of criteria for a request to qualify for variance
consideration. Those criteria are found in §152.245, (C) Evidence of the Zoning
Chapter, and are included in this report for reference below. The criteria can be
summarized as whether there are unique conditions on the property that contribute
to creation of a practical difficulty in putting the property to what would otherwise
be considered a reasonable use – reasonable use is often thought of as one that
would be common and acceptable in the area. Variances may not be entirely
economic in nature, nor be the result of the actions of the applicant.
In this case, the applicants suggest that there are conditions that meet the required
criteria. First, there is a wide variety of street setback distances on Harding, and in
the surrounding neighborhoods. On the subject property’s block, Harding Street
setbacks range from as little as 15 feet to more than 70 feet. This reflects a history
of accommodating variability in the area. Second, the applicants note that for
corner lots – even while they are seeking a variance to the south side, buildable area
is severely limited. While there would be area to expand behind the home, any such
expansion would impact the amount of open rear yard space on the lot.
The applicants further suggest that the requested encroachment will permit them to
upgrade the look of the house from the street, retaining or enhancing neighborhood
character as a result. The front elevation incorporates a combination of stone,
shake, and lapped siding, and continues the single‐story rambler pattern common to
the area.
The proposed design does not appear to be out of character with the neighborhood.
For any variance, the underlying requirement must be that the proposed use of
property is reasonable, that is, a condition that most would presume to be a
common and expected use of property. If so, the next test is whether unique
conditions exist on the property, and whether those conditions create “practical
difficulties” in using the property reasonably.
In this case, the expansion to the west (front) appears to be reasonable – it retains
and enhances the “curb appeal” of the property in the context of the neighborhood,
and is in character with other neighboring properties. Adding the porch and living
space accommodate reinvestment in the property, an important goal of the City’s
comprehensive planning. While a rear‐yard addition would accomplish the
reinvestment objective, it would not improve the neighborhood character.
Moreover, expansion to the north (toward the side property line) would be possible,
but would create a greater potential impact on the adjoining property. As such, the
March 19, 2019
Page 4
variance is supportable, even though there are alternative designs that would
accommodate building expansion.
As noted above, staff recommends approval of the variance for the front yard
encroachment for the proposed porch and living space as shown in the applicants’
application.
B. Side Yard Setback Variance – 34th Avenue NE. The applicants propose to add living
space and an attached garage to the south of the existing home, removing an
existing detached garage to the rear of the property. For corner lots such as this
one, the side yard setback requirement facing a street is increased from the
common 5 feet to 30 feet, equal to the front setback.
The applicants propose to construct living space and the attached garage within the
side yard facing 34th Avenue on the south side of the house. The current setback is
approximately 38 feet from the property line. The proposed expansion adds living
space to a setback of 23.4 feet, and further extends the garage an additional eight
feet, resulting in a 15.4 foot setback. While detached garages are afforded greater
flexibility in setback restriction, attached garages are treated as a portion of the
principal building. Therefore, the setback standard of 30 feet applies to the 34th
Avenue frontage.
The applicants support their request by noting that an extended line from the
easterly neighboring property to the property across Harding Street to the west
establishes a “line of sight” setback distance of 15.4 feet – the forward‐most
proposed setback for the garage.
As with the discussion of the addition on the front, staff would agree that the living
space addition is appropriate in this location. The addition maintains a 30 foot
distance from Harding Street, and is supported by the same rationale for the
encroachment toward 34th Avenue – reasonable use, neighborhood character, and
practical difficulties. In this case, the corner lot setback requirements and the
common setback conditions along 34th Avenue (particularly the north side of the
street) support some level of encroachment.
Staff is concerned, however, with the placement of the proposed garage. At 15.4
feet, a vehicle parked in the driveway would extend into the public right of way, a
problematic condition during snow plowing operations. Moreover, the plan shows a
proposed 12.9% grade for the new driveway. While the City does not establish a
specific maximum grade for driveways, this slope is only marginally functional.
Many communities limit driveway grades to 10% or even less. Moreover, parking
and exiting a vehicle on a slope such as this can be difficult for some to negotiate.
For the garage portion of the project, staff would recommend that any setback
variance limit encroachment into the side yard to a point no less than 25 feet from
March 19, 2019
Page 5
the property line. This distance provides a sufficient parking stall depth without
encroaching into the right of way. In this particular case, it would also have the
benefit of reducing the driveway slope by extending the distance. An additional 10
feet of driveway length would reduce the slope to approximately 9% or so, a safer
and more manageable condition.
While the existing detached garage is closer to the property line than the proposed
attached garage, and this is not an uncommon condition along the street for such
garages, staff supports the greater setback to facilitate public safety, as well as
improved functionality on the property in question.
As such, staff recommends approval of the variance for a side yard setback
encroachment as shown on the proposed plans for the living space (to a distance of
23.4 feet from 34th Avenue), but recommends an amendment to the plan that
moves the garage farther into the lot to a 25 foot setback – a five foot variance from
the 30 foot standard. The applicant should amend this aspect of the project on the
proposed construction plans for the site.
2. Representative Codes Referenced.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.039 (E) Front yard apply to this
proposal. City Code Section 152.039 (E) states the front yard must have a depth equal to the
greater of 30 feet or a distance equal to the average of the front yard depths of the two
adjacent lots.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.04 (F) Side yards. Each dwelling
must have 2 side yards, each having a width of at least 5 feet and having a combined width
of at least 15 feet. Any side yard adjacent to a street must be at least 30 feet in width
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application
states that “An owner of property with an existing structure which does not comply with
the zoning code, or of property on which such a structure is proposed to be constructed,
may apply for a variance upon payment of the fee specified in Chapter 33”.
3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage,
Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council
must consider in determining whether to grant or deny a variance.
Request: Request for a 7.7‐foot variance from the required front yard setback, and for a 6.6
foot to 14.6 foot variance from the side yard setback facing a public street. The applicable
criteria include:
1. The subject matter of the application is within the scope of this section.
2. Strict enforcement would cause practical difficulties because:
a. The property owner proposes to use the property in a reasonable manner not
permitted by the zoning code;
March 19, 2019
Page 6
b. The plight of the property owner is due to circumstances unique to the property
not created by the property owner;
c. The variance, if granted, will not alter the essential character of the locality; and
d. Economic considerations alone are not the basis of the practical difficulties.
3. The variance, if granted, would be consistent with the City’s comprehensive land use
plan.
4. The granting of the variance is in harmony with the general purposes and intent of the
zoning code.
SUMMARY AND STAFF RECOMMENDATION
Front Yard Setback Variance. Staff recommends approval of the requested front yard setback
encroachment variance at 3401 Harding Street NE with the following conditions:
A. The front additions for porch and living space are constructed to a point no closer than
22.3 feet from the front property line, as shown on the plans dated 2/19/19.
B. The plans are modified to meet the zoning ordinance requirements for all other
aspects, including building setbacks and impervious surfaces, unless otherwise
approved by the City Council.
C. Any required permits for construction are applied for and approved by other relevant
staff.
This recommendation is based on a finding that the proposed addition is consistent with the
character of the neighborhood, and constitutes reasonable use of the property, overcoming
practical difficulties related to alternatives that would raise issues of impact on adjoining
property, or minimize benefit to neighborhood character.
Side Yard Setback Encroachment Variance. Staff recommends approval of the proposed side
yard setback encroachment toward 34th Avenue for the living space as designed and for
attached garage space of 5 feet, modified from the proposal shown on the plans dated 2/19/19,
subject to the following conditions:
A. The addition for living space is constructed to a point no closer than 23.4 feet from the
34th Avenue property line, as shown on the plans dated 2/19/19.
B. The addition for garage space is constructed to a point no closer than 25 feet from the
34th Avenue property line, rather than the 15.4 foot setback shown on the plans.
C. The plans are modified and shown to meet the zoning ordinance requirements for all
other aspects, including impervious surfaces, unless otherwise approved by the City
Council.
D. The existing detached garage is removed as proposed, no later than at the time of
occupancy for the proposed building additions.
March 19, 2019
Page 7
E. Any required permits for construction are applied for and approved by other relevant
staff.
This recommendation is based on a finding that the request is consistent with commonly found
conditions in the neighborhood; that these conditions, combined with related corner lot
restrictions, create practical difficulties in putting the property to what would otherwise be a
reasonable use; and that by adopting the alternative garage setback, the property can be
developed with less variance and greater functionality.
ALTERNATIVE ACTIONS
Decision 1. Variance to Front Yard Setback
1. Motion to recommend approval of the request for a variance to the front yard setback
for construction of front porch and living space within the required 30 foot setback at
3401 Harding Street NE, and direct staff to prepare resolution declaring terms of the
same.
2. Motion to recommend denial of the variance as requested. In the event of a
recommendation for denial, the Planning Commission must state its findings related to
denial.
3. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
Decision 2. Variance to Side Yard Setback
1. Motion to recommend approval of the request for a variance to the side yard setback
for construction of living space and attached garage within the required 30 foot setback
at 3401 Harding Street NE and direct staff to prepare resolution declaring terms of the
same.
2. Motion to recommend approval of the variance for living space, but modified for the
attached garage to a setback of 25 feet and direct staff to prepare resolution declaring
terms of the same.
3. Motion to recommend denial of the variance as requested. In the event of a
recommendation for denial, the Planning Commission must state its findings related to
denial.
4. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
ATTACHMENTS
Exhibit A: Location map
March 19, 2019
Page 8
Exhibit B: Application and Supporting Material
Exhibit C: Draft resolution
CITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. _____________
A RESOLUTION APPROVING A REQUEST FOR A 7.7 FOOT VARIANCE
(SETBACK OF 22.3 FEET) FROM THE REQUIRED FRONT YARD TOWARD
HARDING STREET NE, AND A SETBACK VARIANCE TO THE REQUIRED SIDE
YARD OF 6.6 FEET (23.4 FOOT SETBACK) TO LIVING SPACE AND 5 FEET (25
FOOT SETBACK) TO GARAGE SPACE, AT 3401 34TH AVENUE NE
WHEREAS, the City of St. Anthony Village received a request from Shannon and James
Foreman for variances from the required front and side yard setbacks to allow for placement of
additions for living space, covered porch, and attached garage at 3401 Harding Street NE, legally
described as follows:
Lot 5, Block 3, Belden Ro (Subject Property); and
WHEREAS, the property is located in the R-1 Single Family Residential district and the
applicable front yard setback is 30 feet for the Subject Property; and
WHEREAS, the applicable side yard setback in said district is 30 feet; and
WHEREAS, Title XV Land Usage, Chapter 152 Zoning Code Section §152.245 provides that
City Council must provide evidence that the subject matter of the application is within the scope
of the section and that strict enforcement would cause practical difficulties; and
WHEREAS, the Applicant has requested variances from both front and side yard setback
dimension requirements to accommodate a proposed porch, living space addition; and attached
garage; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission held a public hearing on March 19, 2019 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for approval:
1. The property is located in an area of varying setbacks from the street, both front and side.
2. The proposed improvements to the property are consistent with the character of the
neighborhood in which it is located.
3. The setbacks required by the ordinance for corner lots inhibit the reasonable expansion of
the property in questions.
4. With the modification to the garage setback as recommended by the Planning
Commission, the proposed improvements constitute a reasonable use of the property.
5. Due to the conditions found on the property, there are practical difficulties in complying
with the strict terms of the ordinance.
6. The proposed variances will accommodate reasonable use without negative impacts on
neighboring property nor on public improvements and services.
NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the
City of St. Anthony Village accepts the findings and recommendations documented in the staff
report and approves variances to the required front and side setback requirements as shown on
the plans dated 2/19/19 and modified as follows, at 3401 Harding Street NE:
a. 7.7 feet (22.3 foot setback) to the front (Harding Street)
b. 6.6 feet (23.4 foot setback) to living space on the side (34th Avenue)
c. 5.0 feet (25 foot setback) to attached garage space on the side (34th Avenue)
Passed in regular session of the City Council on the ___ day of _________ 2019.
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
PLANNING COMMISSION
MARCH 19, 2019
3401 HARDING STREET NE –
Front and Side Yard Setback Variances
3401 HARDING STREET NE
FRONT SETBACK VARIANCE; SIDE SETBACK VARIANCE
3401 HARDING STREET NE
FRONT SETBACK VARIANCE; SIDE SETBACK VARIANCE
Project Description:
2 Building Additions:
Front: Harding Street (west); Living Space/Front Porch
Side: 34th Avenue (south); Living Space/Attached Garage
3401 HARDING STREET NE
FRONT SETBACK VARIANCE; SIDE SETBACK VARIANCE
VARIANCE CRITERIA:
Use is a reasonable one, given the character of the neighborhood
Unique conditions exist on the property
Those conditions create practical difficulties in putting the property to that
reasonable use; and
Conditions cannot be created by the owner;
Conditions cannot be solely economic in nature.
3401 HARDING STREET NE
PROPOSED SITE PLAN
3401 HARDING STREET NE
PROPOSED SITE PLAN –FRONT SETBACK VARIANCE (TO HARDING ST.)
Front Yard Setback Variance
22.3 feet –reduced from 30 feet required
(7.7 foot variance)
3401 HARDING STREET NE
PROPOSED SITE PLAN –SIDE SETBACK VARIANCE (TO 34TH AVE.)
Side Yard Setback Variance
23.4 feet to living space –reduced from 30’
15.4 feet to garage –reduced from 30’
(6.6’ -14.6’ variance)
3401 HARDING STREET NE
STAFF RECOMMENDATIONS
1. Harding Street NE (Front Setback Variance)
Staff recommends approval of the requested front yard setback encroachment variance at 3401
Harding Street NE with the following conditions:
A.The front additions for porch and living space are constructed to a point no closer than 22.3
feet from the front property line, as shown on the plans dated 2/19/19.
B.The plans are modified to meet the zoning ordinance requirements for all other aspects,
including building setbacks and impervious surfaces, unless otherwise approved by the City
Council.
C.Any required permits for construction are applied for and approved by other relevant staff.
3401 HARDING STREET NE
STAFF RECOMMENDATIONS
2.34th Avenue NE (Side Yard Setback Variance)
Staff recommends approval of the proposed side yard setback encroachment toward 34th Avenue for
the living space as designed; and an attached garage space of 25 feet setback, modified from the
proposal of 15.4 feet as shown on the plans dated 2/19/19, subject to the following conditions:
A.The addition for living space is constructed to a point no closer than 23.4 feet from the 34th
Avenue property line, as shown on the plans dated 2/19/19.
B.The addition for garage space is constructed to a point no closer than 25 feet from the 34th Avenue
property line, rather than the 15.4 foot setback shown on the plans.
C.The plans are modified and shown to meet the zoning ordinance requirements for all other
aspects, including impervious surfaces, unless otherwise approved by the City Council.
D.The existing detached garage is removed as proposed, no later than at the time of occupancy for
the proposed building additions.
E.Any required permits for construction are applied for and approved by other relevant staff.
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on March 19, 2019, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint
Anthony Village Planning Commission will hold a public hearing to solicit public response to a request for
a 7.7 foot variance from the required 30 foot front yard setback to allow for an addition to the master
bedroom and a front porch, and consider a request for a 14.6 foot variance from the required 30 foot
side yard setback to allow for an attached garage at 3401 Harding Street.
The Planning Commission will make a recommendation regarding the proposed request to the City
Council for their meeting to be held on April 9, 2019 at 7:00 p.m. at City Hall.
Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be
accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony
Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the
hearing. Questions may be directed to the City Planner at 763‐957‐1100.
The Planning Commission agenda and packet item relating to this application will be made available
prior to the meeting online at www.savmn.com .
Steve Grittman
City Planner