HomeMy WebLinkAboutRES 21-081 APPROVING A REQUEST FOR A VARIANCE FROM THE REQURED MAX HEIGHT FOR A FRONT YARD FENCECITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.21-081
A RESOLUTION APPROVING A REQUEST FOR A VARIANCE FROM
THE REQUIRED MAXIMUM HEIGHT FOR A FENCE IN THE FRONT YARD
WHEREAS, the City of St. Anthony Village received a request from Anthony Farah for a
variance from the required maximum height for a fence in the front yard at 3501 Maplewood
Drive, legally described as follows:
Lot 23, Block 5, Wilshire Park 4' Addition (Subject Property); and
WHEREAS, the property is located in the R-1 Single Family Residential district and the
applicable fence height for the front yard is 6 feet for the Subject Property on the south side of
the home; 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 an 8-foot variance from the fence height and setback
dimension requirements to accommodate space for a swimming pool; and
WHEREAS, the impervious surface limits on the property could, pending verification, permit a
swimming pool and appurtenant deck and fence within the approved setback with variance; and
WHEREAS, the Planning Commission held a public hearing on August 17 and September 21,
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:
1. The applicant is able to construct a swimming pool, pool deck, and privacy fencing
within the proposed 8-foot setback encroachment.
2. A pool of the size, along with any associated construction such as a pool deck, that would
encroach into the front yard will require additional verification of compliance with the
terms of the City's impervious surface maximum for residential lots of this size.
3. The applicant can show unique conditions on the property that interfere with putting the
property to a reasonable residential use, with reasonable use being defined in this case as
the significant encroachments toward Maplewood Drive that exist on most of the
surrounding properties to the east and west.
4. Circumstances that would lead to variance approval are the result of the actions of prior
owners, and those owners in the neighborhood, and not the actions of the applicant.
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 the requested variance to the required fence height of six feet, with a setback
encroachment of 8 feet, as shown on the application dated 7/6/2021, and as amended on August
26, 2021.
Passed in regular session of the City Council on the 9th day of November 2021.
ATTEST:
By:
City Ulerk
Ch Yunker, City Manager
Review for Administration:
CITY OFk)91NT ANTHONY VILLAGE
Randy Sti(19! Mayor