2003 Planning Commission Packets

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.=..��s� _ . � .�.. . ----_.. . --'.. . _�.�--- ::� .y ,r__-- y -" _- ° _ .,'i [-.y------ —'---:. --- - WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all nlust be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Platuung Commission hereby malces the following findings of fact related to this request: The exceptional or extraordinary conditions relating to the variance request is that the garage was constructed only eight (8) feet from the side property line, the fi•ont yard is sloped and mature trees and a decic currently exist in the rear yard, which causes limitations as to how the property can be improved. 2. The literal interpretation of the Zoning Code would restrict the property owner's ability to expand and improve upon the layout and functionality of the hoine. 3. The variance is requested due to the building setUacic, the presence of mature trees, the existing deck and the grade change in the front yard, factors over which the applicants have had no control. 4. Granting a variance to allow for the eight-foot side yard setbacic would allow the applicants to expand living space without increasing the footprint of the home resulting in a more efficient utilization of living space and property. Granting the variance would not confer upon the property owners a special privilege denied to others in the same district due to the unique nature of the existing conditions present on the site. 6. The eight-foot setback is the minimum variance that would alleviate the applicants' hardship. 7. The construction of a second-stoiy living space addition above the existing garage would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 8. An eight-foot setbacic would not impair the supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony presented at the public hearing, and the identified findings of fact, does hereby approve the vaiiance request for an eight- foot side yard setbacic for a proposed second-story living space addition constructed over the existing garage at 5072 Brighton Lane, contingent upon the following: