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Item No: 7A Meeting Date: March 12, 2012 Type of Business: Public Hearing Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing - Resolution 7903, Appeal of a Variance Denial to allow a Detached Accessory Building to Exceed the Maximum Height Limit at 8027 Woodlawn Drive; Planning Case VR11-008 Introduction: The applicant, Tim Downing, property owner of 8027 Woodlawn Drive, is appealing the denial of his variance request to allow the height of his detached accessory building to exceed the maximum height limit of 18 feet. Mr. Downing has built a second garage on his property that is 22 feet 10 inches tall. Discussion: In October 2007, the applicant was issued a building permit to construct a detached accessory building on his property. The building plans submitted were for a typical style, single story, 936 square foot detached garage. At the time the permit was issued, the Zoning Code height limit was 15 feet as measured midway between the peak and the eave. Mr. Downing’s garage plans showed a height of 11 feet at the midway point, which met the then current zoning code. In November 2009 the Zoning Code was amended, and the height limit for accessory buildings was changed to 18 feet at the highest point. Mr. Downing did not start work on the garage for an extended time, and the City Building Official granted several extensions for his building permit in order to keep the permit “active” until he had time to start construction. Per the building code, a building permit will stay active as long as some construction work is being done at least every 6 months. If after 6 months no work has been done, the permit will expire. The applicant may submit a written request for an extension of their permit, which the Building Official may grant at their discretion. A footing inspection for the garage was requested by the applicant for August 31, 2010, and the floor slab was poured the next week. After that, the City did not receive any requests from Mr. Downing for more inspections. One year later, in late August 2011, Staff became aware that a 2-story garage had been constructed on the applicant’s property. After reviewing the permit application, staff saw that the garage Mr. Downing built was very different from the plans he had submitted in 2007. The Building Official attempted to contact Mr. Downing in late August 2011, and again in September after receiving no response to the first letter. In early October 2011, staff finally spoke with Mr. Downing and he submitted a drawing of the as- built garage showing the garage height to the peak was 22 feet 10 inches. At that time, staff informed him that he would need to either reduce the height of the garage or apply for a variance. Mr. Downing chose to apply for a variance.