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<br />. <br /> <br />. <br /> <br />. <br /> <br />PlmUling Commission Resolution 568-98 <br />Gates Varimlce <br />January 6, 1999 <br />Page 2 <br /> <br />WHEREAS, the literal interpretation of the provisions of this Title would deprive the <br />applicant of rights commonly enjoyed by other properties in the same district in that the literal <br />interpretation of the language regarding accessory building height, if upheld, would require the <br />applicant to demolish the work already completed on the garage expansion (i.e., remove footings, <br />foundation, slab, walls) so as to excavate one foot deeper, repour the floor, reinstall the footings <br />and foundation. If the garage floor were excavated as such one foot deeper, no variance would <br />be required as the height of accessory buildings is measured from the exterior grade, not the <br />interior floor elevation.; and, <br /> <br />WHEREAS, special conditions or circumstances do not result from the actions of the <br />applicant in that while Mr. Gates is responsible for owning a vehicle which does not conform to <br />City Code, he is attempting to correct the situation by constructing a garage with a one-foot <br />variance in order to park the vehicle inside; and, <br /> <br />WHEREAS, granting the variance requested would not confer on the applicant a special <br />privilege that is denied by this Title to owners or other lands, structures or buildings in the same <br />district in that staff would instruct future applicants intent upon parking an oversize vehicles <br />within a garage how to make such arrangements without the need for a variance. Because staff <br />told Mr. Gates that the truck would need to be removed ajier construction had already begun on <br />the garage addition, staff could not offer Mr. Gates this advice; and, <br /> <br />WHEREAS, the variance requested is the minimum variance which would alleviate the <br />hardship, in that in order to reconfigure the garage to allow for the truck to be parked inside, the <br />garage door will need to be made one-foot taller. Because of the added door height, the garage in <br />turn would become one foot taller. This is the minimum variance possible with keeping the <br />garage roof in line with the roof of the home; and, <br /> <br />WHEREAS, the variance would not be materially detrimental to the purpose of this Title <br />or to other properties in the same zone in that many attached garages have taller roofs to match <br />the roof-line of the home. The one-foot increase will be imperceivable to the general public and <br />the public benefits from not having to see the applicant's work vehicle parked in front of the <br />home; and, <br /> <br />WHEREAS, the variance wouldllot impair an adequate supply of light and air to adjacent <br />property or substantially increase the congestion of the public streets or increase the danger of fire <br />or endanger the public safety or substantially diminish or impair property values within the <br />neighborhood in that the one foot difference from what is allowed and what is requested will not <br />impair any neighboring properties' supply oflight or air, it will not create any additional traffic <br />impact nor will it increase the danger offire or endanger the public safety. There would not be <br />any impact to property values in the immediate area.. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission, <br />acting as the Board of Adjustment and Appeals, llpproves the variance to allow a 16-foot tall <br />garage at 5364 Clifton Drive, in accordance with the building plans on file with the Building <br />Inspector. <br />