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Home My WebLink About12-181 - ADMIN Resolution - City Council - 2012/12/17RESOLUTION NO. 12-181 RESOLUTION OVERTURNING THE BOARD OF ZONING APPEAL'S DECISION, AND APPROVING A TWO FOOT VARIANCE TO THE REQUIRED FIVE FOOT SIDE YARD BACKGROUND • Sara and Henry Stokman live at 2917 Quentin Ave S, described below as: Lot 19, Block 2, Starings Minnetonka Boulevard Addition • On August 21, 2012, the Stokmans submitted an application for a variance from section 36-164(0(5) to allow a living space addition to be located 10 inches from the side property line instead of the required five feet. • The variance was considered by the Board of Zoning Appeals (BOZA) on September 27, 2012. The BOZA closed the public hearing, and tabled consideration to the October 25, 2012 meeting. • The BOZA considered the variance application on October 25, 2012, and denied the application based upon staff findings. • On November 5, 2012, the Stokmans submitted a letter requesting an appeal to the City Council of BOZA's denial of their variance application, and approving a three foot variance to allow a two foot side yard setback for their proposed addition. • This matter came on for hearing before the City Council on December 3, 2012. • At the December 3, 2012 City Council meeting, the Stokmans asked the City Council to consider a two foot variance to allow a three foot side yard setback for the proposed addition instead of a three foot variance to allow a two foot side yard setback. NOW, THEREFORE, be it resolved by the City Council of the City of St. Louis Park, Minnesota: 1. Granting of the requested two foot variance would not be contrary to the intent and provisions of the Zoning Ordinance. 2. The proposed addition will replace an existing structure that is located 0.9 feet from the side property line with a new structure three feet from the property line. Replacing this structure, which is in considerable disrepair, presents a demonstrable difficulty due to its proximity to the side property line. 3. The 3.0 foot setback would allow for access to the side of the building for maintenance of the building and access to the back yard. 4. The variance is not required for the preservation of a substantial property right, a guest bedroom, storage space in the basement and a mudroom are not substantial Resolution No. 12-181 -2- property nghts. However, the variance will bring the property substantially closer to compliance with the required setback. 5. The vanance will improve the safety and welfare of the property by replacing the existing 10 inch setback with a 3.0 foot setback. 6. The contents of the Board of Zoning Appeals Case File 12 -25 -VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. NOW, THEREFORE, BE IT RESOLVED that the Board of Zoning Appeal's decision to deny Sara and Henry Stokman's application is overturned, and Sara and Henry Stockman's request for a two foot variance to the required five foot side yard setback is hereby approved with the following conditions: 1. The portion of the addition located within the side yard setback required for the zoning district in which this property is located cannot exceed the building dimensions shown on Exhibit A -Construction Plans. 2. This variance shall be deemed to be abandoned, revoked, or canceled if the holder fails to initiate the work on or before one year after the vanance is granted. This variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. Reviewer t •.ministration: ''1 /11111110 City M. -1 Attest: City Clerk Adopted : • ty Council December 17, 2012 Mayor • 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111 Doc No A09909491 Certified, filed and/or recorded on 1/24/13 4 30 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 17 Pkg ID 926652D Doc Name: Resolution/00. lob -i g1 Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document 7 RESOLUTION NO. 12-181 RESOLUTION OVERTURNING THE BOARD OF ZONING APPEAL'S DECISION, AND APPROVING A TWO FOOT VARIANCE TO THE REQUIRED FIVE FOOT SIDE YARD BACKGROUND • Sara and Henry Stokman live at 2917 Quentin Ave S, described below as: Lot 19, Block 2, Starings Minnetonka Boulevard Addition • On August 21, 2012, the Stokmans submitted an application for a variance from section 36-164(0(5) to allow a living space addition to be located 10 inches from the side property line instead of the required five feet. • The variance was considered by the Board of Zoning Appeals (BOZA) on September 27, 2012. The BOZA closed the public hearing, and tabled consideration to the October 25, 2012 meeting. • The BOZA considered the variance application on October 25, 2012, and denied the application based upon staff findings. • On November 5, 2012, the Stokmans submitted a letter requesting an appeal to the City Council of BOZA's denial of their variance application, and approving a three foot variance to allow a two foot side yard setback for their proposed addition. • This matter came on for hearing before the City Council on December 3, 2012. • At the December 3, 2012 City Council meeting, the Stokmans asked the City Council to consider a two foot' variance to allow a three foot side yard setback for the proposed addition instead of a three foot variance to allow a two foot side yard setback. NOW, THEREFORE, be it resolved by the City Council of the City of St. Louis Park, Minnesota: 1. Granting of the requested two foot variance would not be contrary to the intent and provisions of the Zoning Ordinance. 2. The proposed addition will replace an existing structure that is located 0.9 feet from the side property line with a new structure three feet from the property line. Replacing this structure, which is in considerable disrepair, presents a demonstrable difficulty due to its proximity to the side property line. 3. The 3.0 foot setback would allow for access to the side of the building for maintenance of the building and access to the back yard. 3/- e/—,?1,/ c)/5 0 R;solution No. 12-181 -2- 4. The vanance is not required for the preservation of a substantial property right, a guest bedroom, storage space in the basement and a mudroom are not substantial property rights. However, the variance will bring the property substantially closer to compliance with the required setback. 5. The variance will improve the safety and welfare of the property by replacing the existing 10 inch setback with a 3.0 foot setback. 6. The contents of the Board of Zoning Appeals Case File 12 -25 -VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. NOW, THEREFORE, BE IT RESOLVED that the Board of Zoning Appeal's decision to deny Sara and Henry Stokman's application is overturned, and Sara and Henry Stockman's request for a -'-two .loot variance to the required five foot side yard setback is hereby approved with the following conditions: 1. The portion of the addition located within the side yard setback required for the zoning district in which this property is located cannot exceed the building dimensions shown on Exhibit A -Construction Plans. 2. This variance shall be deemed to be abandoned, revoked, or canceled if the holder fails to initiate the work on or before one year after the variance is granted. • 3. This variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. Adopted by the City Council December 17, 2012 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 12-181 adopted at the St. Louis Park City Council meeting held on December 17, 2012. WITNESS my hand and the Seal of the City of St. Louis Park this 15th day of January, 2013. • Nancy J. St -t y lerk