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MOUNAS VIEW of Mounds View Staff Item No: 5B Meeting Date: Oct 19, 2016 Type of Business: Planning Case AV2016-001 To: Mounds View Planning Commission From: Jon Sevald, Planner Item Title/Subject: Resolution 1059-16, Review of a Preliminary Administrative Variance at 7801 Eastwood Rd; Planning Case AV16-001 Introduction The applicant, Chad Born of Born Construction, has applied for an Administrative Variance to construct a 5'X 5' covered front stoop (porch) for property located at 7801 Eastwood Rd. The stoop is to replace an existing concrete stoop (no roof), and will be set back 40' from the front property line, whereas a minimum 45' is required. Discussion An Administrative Variance may be granted by the Community Development Director (City Administrator) if the property is zoned R-1 or R-2, and the request is: (1) within 25% of minimum City Code requirements and does not result in a setback of less than 5'; or (2) the request is related to a pre-existing non -conforming driveway. Additionally, the Administrative Variance request must comply with the seven criteria for granting a Variance, as stipulated in City Code, Section 1125.02, Subd 2 (see attached Resolution #1059-16). The City Code allows the Community Development Director to "preliminarily" approve an Administrative Variance, providing notice to adjacent property owners, and upon review by the Planning Commission. A Public Hearing is not required. Administrative Variances are relatively rare. The last case was in 2008. Analysis The property is zoned R-1 Single -Family Residential. Within the R-1 District, the minimum front yard setback is 30', unless homes on the same side of the street have a greater setback, then the minimum setback shall be equal to the home with the smallest front yard setback. According to Ramsey County aerial photos (2015), homes on this side of the street are setback approximately 45'— 77', thus the minimum front yard building setback on this side of the street is 45'. The Administrative Variance request is to allow a 40' setback. This setback requirement is not applicable to non -covered stoops, in which the stoop does not exceed the height of the ground floor of the home (excluding handrails).2 ` City Code, Section 1104.01, Subd 3(a) 2 City Code, Section 1104.02, Subd 5(c)