HomeMy WebLinkAboutRES 21-080 DENYING VARIANCES FOR SETBACKS FOR PATIO AND ACCESSORY BUILDING, IMPERIVOUS SURFACE AND APPROVING VARIANCE FOR SIDE YARD SETBACK FOR A DRIVEWAYCITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 21-080
A RESOLUTION DENYING A REQUEST FOR VARIANCES FROM THE REQUIRED
SETBACKS FOR PATIO AND ACCESSORY BUILDING (SHED), DENYING A
REQUEST FOR A VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE,
AND APPROVING A VARIANCE FOR SIDE YARD SETBACK FOR A DRIVEWAY
WHEREAS, the City of St. Anthony Village received a request from Greg and Cynthia Stull for
variances from the required setbacks for Driveway, Patio, and Accessory Building, and for
Maximum Impervious Surface at 2912 Crestview Drive, legally described as follows:
Lot 5, Block 3, Crestview Terrace (Subject Property); and
WHEREAS, the property is located in the R-1 Single Family Residential district and the
applicable setbacks for driveway, patio, and accessory building is 5 feet for the Subject Property;
and
WHEREAS, the applicable maximum impervious surface for the property is 40%; 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 a variance from the each of the standards identified
herein; and
WHEREAS, the driveway expansion request includes aspects of the property that meet the
standards for variance consideration; and
WHEREAS, the patio setback, shed setback, and impervious surface requests do not meet the
standards for variance consideration; and
WHEREAS, the Planning Commission held a public heating on October 19, 2021 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 Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for approval of the driveway setback:
1. The applicant's property limits the reasonable use of the prior driveway for parking and
accessibility in normal use.
2. Other alternative expansions of the driveway create additional conflicts with zoning
ordinance requirements and land use policy.
3. The applicant has shown unique conditions on the property that interfere with putting the
property to a reasonable residential use.
4. Circumstances that would lead to variance approval are not the result of the actions of the
owner; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for denial of the patio setback, the accessory shed setback, and the impervious surface coverage:
1. The applicant has not shown that the variance requests are necessary to put the property
to reasonable use under the applicant zoning regulations.
2. The patio setback, shed setback, and impervious surface amounts can be met while
putting the property to reasonable use by modifying the improvements that were
constructed prior to required permitting.
3. There are no unique conditions present on the property that create practical difficulties in
putting the property to reasonable use.
4. The applicant could retain the prior shed setbacks by retaining non -conformity rights for
the prior sized shed, but not with its expansion.
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 denies the requested variances to the required setbacks for patio and shed, and for
impervious surface, as shown on the application dated 9/30/2021.
Passed in regular session of the City Council on the 9th day of November 2021.
CITY OF
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ATTEST:
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Charlie under, City Manager
Review for Administration:
ANTHONY VILLAGE