HomeMy WebLinkAboutRes 14-031 App Variance 311 Wilson StreetCITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 14-031
RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED CORNER
SIDE YARD (FRONT YARD) SETBACK IN ORDER TO CONSTRUCT A
PARTIAL SECOND STORY ADDITION AND FRONT STOOP 15-FEET FROM
THE PROPERTY LINE ALONG THE NORTH SIDE OF THE PROPERTY
LOCATED AT 3111 WILSON STREET
WHEREAS, the City of St. Anthony Village received a request from the
Applicants John and Laura Frigstad for a variance from the corner
side yard (front yard) setback to allow for the construction of a
partial second story addition and front stoop on the property
located at 3111 Wilson Street (PID 0602923310046) on March 24,
2014, legally described as follows:
Lot 027, Block 002 Bonnie View Heights
WHEREAS, the property located at 3111 Wilson Street is located within the
City’s R1 Zoning District; and
WHEREAS, a 30-foot corner side yard (front yard) setback is required within
the R1 Zoning District; and
WHEREAS, the Applicant has requested a 15-foot variance from the corner side
yard (front yard) setback to allow for the construction of a partial
second story and front stoop to be constructed on an existing home
located 15-feet from the north property line; and
WHEREAS, the existing home is located 15-feet from the north property line; and
WHEREAS, the Planning Commission acting as the Board of Adjustments and
Appeals, reviewed and considered the request based on the related
documents shown in the Applicant’s application in a public
hearing at their regular meeting on April 28, 2014; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village approves the Applicant’s variance request based on the following
findings:
1. The requested variance is consistent with all the standards for granting a
variance as described in Section §152.245 of the St. Anthony Village Zoning
Code. More specifically, the City Council finds that the requested variance is
justified for the following reasons:
a. The property owner proposes to use the property in a reasonable manner.
b. The existing home is currently fifteen feet from the corner side (north)
property line, rendering it a legal nonconforming structure. Therefore,
there is no way the home could be expanded (in any direction) and adhere
to the City’s Zoning Code.
c. Allowing the proposed partial second story addition and front stoop will
have no impact on the essential character of the locality. In fact upgrading
the home and including architectural features such as a front stoop will
enhance the character of the locality.
d. The basis for the practical difficulties is that the home is already
constructed fifteen feet from the corner side lot line and does not allow for
an expansion to the existing home to be constructed in a way that would
comply with the Zoning Code. Furthermore, the lot was uniquely platted
in a manner that is unlike the properties immediately surrounding it, as its
width was reduced, therefore having a greater distance from the property
line to the back-of-curb.
e. If the variance is granted the use of the property would remain the same
land use as it is today. The comprehensive plan guides this area for single
family use and adding the partial second story and front stoop addition
will not alter that use.
f. The proposal would not change the use of the property or create a
disruption to the Single-Family Residential District. The current use as a
single-family home is consistent with the City Code.
g. The proposal seeks to make an improvement to the property by allowing
the property owners to make use of the existing home. The proposed
partial second story addition is proposed in an area furthest away from the
closest home and would not be detrimental to the neighboring property.
h. The proposal would not negatively impact adequate light or air from
reaching the property or adjacent properties.
i. Allowing the variance is in harmony with the general purposes and intent
of the City’s Code relating to preventing congestion in public streets. The
project will have no impact on congestion.
j. Allowing the requested variance will not result in overcrowding of the
land or an undue concentration of structures. The partial second story
addition will not impact the amount of impervious surface on the property.
k. Allowing the variance is in harmony with the general purposes and intent
of the City’s Code to provide for compatibility of different land uses. The
project will have no impact on land use compatibility.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's
approval of the requested variance is contingent on the following:
1. The Applicant shall obtain all necessary permits and approvals prior to
beginning construction.
2. This variance shall expire one (1) year from the date of the resolution if
the construction of the partial second story and front stoop does not
commence. City Council approval shall be required for an extension.
Adopted this 1P day of May, 2014
-Jerome O. Faust, Mayor
Attested:
Barbara J. Suc , City Clerk
Review for Administration:
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Mark Casey, City Nfanager