1999 Planning Commission Packets

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,.;,. ;: Pianning Commission Resolution 579�99 _ Leon Variance June 2, 1999 Page 2 W��I�AS, a public hearing was held Wednesday, May 19, 1999 with regard to this variance request; and, ��E�2EAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Cammission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. �pW, T`��i ��'pI�9 �E IT �SOL�D, the Mounds View Planning Commission finds that the cr�teria as iderztified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Cade are satisfied and finds there to be sufficient hardship with regard to the properiy located at 7386 Parkview Terrace to warrant the approval of a variance to Mike and Sandy Leon for the construction of a i20 square-foot living space addition five feet from the property line, and makes the following findings of fact related to its decision: 1. Exceptional or exiraordinary circumstances apply to 7386 Parkview Terrace which do not apply generatly to other properties in the same zone or vicin3ty in that the property is a substandard lot--its area comprises only 9,150 square feet, a condition the current owners ; had no part in or control over. - _ ,> � 2. The literal interpretation of the provisions of this Title would deprive the applicani of rights commonly enjoyed by other properties in the same district under the terms of this Title in that porches and oiher living space additions are common features zn this district and serve as a physical improvement to properties. Other properties in this district typically are able to make these types of improvemenis without the need for variances. �Iowever, because the subject property is substandard, it would be unreasonable to assume that the same size house could be buili and expanded upon without a comparable reduction in the setback rec�uirements. 3. The variance request is the result of two Factors over which the applicants had no controi. The house was constructed on the substandard lot in such a way that wasted five feet of buitdable space alongside the garage. The side-yard setback for gai'ages attached to principal structures is five feet, yet the garage is set back ten feet. Had the house been constnactied so as to take advantage of this additional five feet alongside the garage, a �variance would not have been necessary as there would have heen adequate room to allow for a living space addition on the north side af the property. The oiher factor eontributing to a r►eed far a variance is that the internal configuration of the home is aiypical in that the floor plan allows for a living space additio� only offthe north side of the house. Ther� is only bedroom space off the rear of the home, the rrxosi logical place for these types of additions.