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01-05-2000
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01-05-2000
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<br />Mounds View Planning Commission January 5, 2000 <br />Regular Meeting Page 2 <br /> <br /> <br />Citizens’ Requests and Comments on Items Not on the Agenda <br /> <br />There were no citizen requests or comments on items not on the agenda. <br /> <br /> <br /> <br />4. Planning Case No. 578-99 <br /> <br />Property Involved: 2442 Laport Drive <br />Consideration of a variance request for a reduced side-yard setback for the proposed home to be <br />located at 2442 Laport Drive. <br />Applicant: Spencer Mistelske <br /> <br />The applicant was present. <br /> <br />Planning Associate Ericson gave the staff report as follows: <br /> <br />The applicant, Spencer Mistelske, is requesting a variance from the side-yard setback <br />requirement, which on this lot is 30 feet, as it abuts a street right-of-way. He explained that this <br />right-of-way takes the form of Faber Street, which was originally platted with the SMUDER <br />Addition, in 1968, and at 30 feet in width, is not sufficient for a street, and it is the City’s <br />position that it will not be developed or improved in the future. <br /> <br />Planning Associate Ericson indicated there is one parcel that would take access from the right- <br />of-way, and that is lot 4, Block 1, SMUDER Addition. He advised that the City holds a Use <br />Deed on this property; therefore, there is no concern that it would be landlocked, if in the future, <br />the City decides to vacate the right-of-way. <br /> <br />Planning Associate Ericson stated the question that arises with this request pertains to whether or <br />not there is a possibility of potential development of this area at some point in the future. He <br />advised that if the Commission finds this to be the case, it would probably not be a good idea to <br />grant a variance to the 30-foot setback requirement. He explained that they would not want to <br />allow for this house to be located 10 feet from the side property line, if at some time in the <br />future, a street could be constructed directly in front of it. However, staff contends that this will <br />not occur, and it would probably not be unreasonable to grant a variance to allow for the 10-foot <br />setback. He added that a hardship is certainly present, in that the unimproved right-of-way <br />exists, and the City has no plans to improve it. <br /> <br />Planning Associate Ericson stated the site plan submitted by the applicant indicates a side-yard <br />setback of 8 feet from the western property line, and additionally, an 8-foot setback from the <br />eastern property line, which is the location of the proposed garages. He advised that this setback <br />could be decreased to 5 feet, as the minimum setback requirement for a garage is 5 feet from the <br />property line, and this would provide sufficient room on the west side of the lot for a 10 foot
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