HomeMy WebLinkAboutRES 19-043 APPROVING REQUEST FOR 5.3 FOOT VARIANCE FROM REQUIRED FRONT YARD SETBACK, DENYING 1.6% VARIANCE TO IMPERVIOUS SURFACE STANDARD, DENYING VARIANCE OF SIDE YARD SETBACK LOCATED AT 2609 PAHL AVENUECITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19 -043
A RESOLUTION APPROVING A REQUEST FOR
A 5.3 FOOT VARIANCE (SETBACK OF 25.6 FEET) FROM
THE REQUIRED FRONT YARD SETBACK FOR A FRONT STOOP;
DENIAL OF A REQUEST FOR A 1.6% (150 SQUARE FEET) VARIANCE
FROM THE IMPERVIOUS SURFACE STANDARD OF 35.0 %; AND
DENIAL OF A REQUEST FOR A VARIANCE TO THE REQUIRED
SIDE YARD OF SETBACK OF 5.0 FEET FOR PATIO AREAS.
WHEREAS, the City of St. Anthony Village received a request from Tom and Lindsay
Wernimont for variances from the required front setback to allow for placement of front entry
stoop, and a variance from the maximum impervious surface of 35% for residential lots to
accommodate existing paved sidewalk and patio space, at 2609 Pahl Avenue, legally described
as follows:
Lot 33, Block 5, Murray Heights Addition to Minneapolis (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 for patios in said district is 5 feet; and
WHEREAS, the applicable impervious surface coverage requirements for lots of more than
9,000 square feet is 35.0 %; 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 front entry stoop, existing paved patio, and total
impervious surface of up to 36.6 %; and
WHEREAS, the Planning Commission has considered all of the comments, submissions and the
staff report, which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission held a public hearing on April 16, 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:
Approval of Variance to Required Front Setback for Stoop:
1. The property is located in an area of varying setbacks from the street.
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 inhibit the reasonable access to the principal
entry in question.
4. Due to the conditions found on the property, there are practical difficulties in complying
with the strict terms of the ordinance.
5. The proposed variance will accommodate reasonable use without negative impacts on
neighboring property nor on public improvements and services.
Denial of Maximum Impervious Surface Variance:
1. The property is over the 9,000 square feet in area, limiting allowable impervious surface
to no greater than 35% of the lot area.
2. The subject property is located in an area that has experienced flooding and stormwater
management issues in the past.
3. The proposed improvements to the property are not consistent with the character of the
neighborhood in which it is located.
4. The impervious surface areas can be reduced to meet the threshold requirement without
variance, and still preserve reasonable use of the property.
5. Due to the conditions found on the property, there are no apparent practical difficulties in
complying with the strict terms of the ordinance.
6. Denial of the variance would be consistent with the actions of the City Council in its
efforts to manage runoff and impervious surfaces on other similarly situated property.
Denial of a Variance to the Required Side Yard Setback for Patios:
1. The applicant has alternatives to location and /or construction of outdoor entertainment
spaces that will not require variances.
2. The encroachment of a patio space into the required 5 foot setback interferes with the
ability to screen such uses from adjoining residential property.
3. The encroachment of a patio space into the required 5 foot setback raises the potential for
unanticipated drainage issues between properties.
4. There are no practical difficulties that support the retention of the previously constructed
patio space in the existing location.
5. Sidewalks are allowed to encroach into the side yard, but in common residential
applications are no more than 5 feet in width.
6. The applicant can reduce the width of the existing concrete areas to no more than 5 feet
in width, and avoid setback encroachment concerns.
NOW THEREFORE MAY IT BE RESOLVED, that the City Council of the
City of St. Anthony Village accepts the findings and recommendations documented in the
staff report and by the Planning Commission and approves a variance to the required
front setback requirements as shown on the plans dated 10/31/18 and modified on 4/2/19,
at 2609 Pahl Avenue:
a. 5.3 feet (25.6 foot setback) to the front (Pahl Avenue).
And further,
MAY IT BE RESOLVED, that the City Council of the City of St. Anthony
Village hereby denies any variance for impervious surface coverage beyond the
ordinance requirement of 35 %, and also denies a variance for a patio setback of less than
5 feet, providing that any paved area within the required 5 foot setback area be modified
from the existing condition to a dimension no greater than 5 feet in width so as to
constitute a residential walkway; or that any paved area greater that 5 feet in width be
modified from the existing condition to meet the required 5 foot setback for patio areas,
and that plans documenting compliance are prepared and delivered to the City reflecting
compliance with this Resolution.
Passed in regular session of the City Council on the 14th day of May, 2019.
CITY SAINT ANTHONY VILLAGE
By. _ _ _ _
Jerome O. Faust, Mayor
ATTEST:
By: Z;c /1
Nicole Miller, City Cler