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04-05-2000
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04-05-2000
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Mounds View Planning Commission April 5, 2000 <br />Regular Meeting Page 9 <br /> <br /> <br />wider than the front. He explained that the frontage along Park View Terrace curves outward <br />and away from the house so that the back portion of the garage has a setback that exceeds the <br />setback at the front of the garage. He indicated the applicant is requesting a third stall addition, <br />which would create a setback of 18 feet at the front of the garage, and a setback of 24 feet at the <br />back of the garage. <br /> <br />Planning Associate Ericson stated at the previous meeting, the Planning Commission also <br />discussed the basis for the 30 foot setback on corner lots, a part of which is the sight lines, which <br />should allow for vehicles travelling along the street to see traffic coming from the adjoining <br />street. He stated the Commission discussed that given the irregular shape of the property and the <br />back end of the garage setback that is 24 feet from the property line would not significantly alter <br />the present sight lines. He indicated it was also mentioned that the 40-foot setback of the house <br />from Hodges Lane also allows for greater driver visibility. <br /> <br />Planning Associate Ericson stated another issue brought forward at the previous meeting was <br />with regard to maintaining the uniform setback in the neighborhood. He advised that in this <br />particular subdivision, there is no uniform setback. He explained that because of the irregular <br />shape of the lots and the configurations of the cul-de-sacs, there is no uniformity in terms of the <br />location of the houses. <br /> <br />Planning Associate Ericson stated that based upon these discussions, staff has drafted Resolution <br />612-00, which would approve the variance request for the reduced corner lot front setback. He <br />indicated the resolution contains findings of fact that address the criteria required to be reviewed <br />pursuant to Minnesota State Statutes. <br /> <br />Planning Associate Ericson stated the first criteria pertains to exceptional or extraordinary <br />circumstances. He explained that because the lot is of an irregular shape, it presents some <br />obstacles to development. He indicated that in order to maintain a uniform setback, the house <br />would have to be situated at an angle, which would not make sense for this lot. He stated staff <br />would make the case that this could be interpreted to be one of the extraordinary circumstances. <br /> <br />Planning Associate Ericson stated the second criteria indicates “The literal interpretation of the <br />provisions of this Title would deprive the applicant of rights commonly enjoyed by other <br />properties in the same district.” He stated the rationale for this finding is that the eastern side of <br />the proposed garage addition would have varying setback requirements. He pointed out that this <br />is not a normal situation, and the literal interpretation may cause some issues for the property <br />owner in terms of developing the lot. <br /> <br />Planning Associate Ericson stated the third criteria indicates “The variance request is the result <br />of factors over which the applicant has no control.” He explained that the applicant did not plat <br />the lot, and did not cause the oddly shaped configuration of the lot. The building was <br />constructed in the location where it needed to be, therefore, it is not as a result of the applicant’s <br />actions that the hardship was created. <br />
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