HomeMy WebLinkAboutRES 19-070 DENYING A REQUEST FOR A SUBDIVISION, VARIANCES FROM REQUIRED LOT AREA, AND VARIANCE FOR SETBACK FROM THE PUBLIC RIGHT OF WAY FOR PROPERTY AT 3645 CHELMSFORD RDCITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 19-070
A RESOLUTION DENYING A REQUEST FOR A SUBDIVISION, VARIANCES FROM
REQUIRED LOT AREA, AND VARIANCE FOR SETBACK FROM THE PUBLIC
RIGHT OF WAY FOR PROPERTY AT 3645 CHELMSFORD ROAD
WHEREAS, the City of St. Anthony Village received a request from Anselmo Marquez Motiel
and Mary Margaret Reagan-Montiel for a subdivision and variances from the required lot area
and front setback on a parcel with PID No. 06-029-23-11-0004; and
WHEREAS, the property is located in the R-1 Single Family Residential district and the
applicable minimum lot area is 9,000 square feet for interior lots and 11,000 square feet for
corner lots; and
WHEREAS, the applicants are seeking a subdivision with lot areas of 6,150 square feet (interior
Lot B) and 8,610 square feet (corner Lot A); and
WHEREAS, the applicable front yard setback is approximately 71 feet from 37th Avenue NE for
the Subject Property based on the average setback of the adjoining parcels; and
WHEREAS, the applicants are seeking a setback from 37th Avenue NE of 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 City Council 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 September 17, 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:
Denial of Subdivision and Lot Area Variances:
1. The property is currently put to a reasonable use as a single family parcel, consistent with
the requirements of the R-1 zoning district.
2. Existing single family parcels in the immediate neighborhood are uniformly larger on
average and individually, the result of which is that the subdivision would create the
smallest lots in the area.
3. Variance approval requires findings that there are unique conditions that create practical
difficulties in the property to a reasonable use. There do not appear to be any such
unique conditions on this property that would distinguish it from other single family lots,
justifying the reduction in lot area.
Denial of a Variance to the Required Setback from the Public Street:
1. The parcels along 37th Avenue NE all demonstrate significant setbacks from the right of
way for several blocks.
2. If granted, the reduced setback on Parcel A would be the only building less than 60 feet
from the right of way.
3. Variance approval requires findings that there are unique conditions that create practical
difficulties in the property to a reasonable use. There do not appear to be any such
unique conditions on this property that would distinguish it from other single family lots,
justifying the reduction in lot area.
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 denies a subdivision and accompanying
variances for lot area and setback from a public street.
Adopted this 8th day of October 2019.
ATTEST:
Nicole iller, City Clerk
Review for Administration:
frome O. Faust, Mayor
Mark Casey, City Mager