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Mounds View Planning Commission October 5, 2016 Regular Meeting Page 2 A. (Continued) Consider Resolution 1055-16, a Resolution approving/denying a Variance for a 30’ front yard setback at 7790 Eastwood Road; Planning Case VR2016-04 Planner Sevald stated the applicant (Value Homes, LLC) is requesting a Variance to reduce the front yard setback from 54’ to 30’ to construct a single-family home at 7790 Eastwood Road. The minimum front yard setback in the R-1 district is 30’ unless homes on the same side of the street have a greater setback (54’ in this case). The request is due to the hardship of a private drainage easement reducing the developable area of the lot. The Planning Commission conducted a Public Hearing on September 7, 2016, and continued the Hearing to September 21, 2016, taking no action. Planner Sevald explained the property at 7800 Eastwood Road was subdivided into two lots in March, 2016. The north lot includes an existing home, and the south lot is the subject property (7790 Eastwood Road). After the subdivision was approved, the developer conducted a Title Search, which revealed two private easements: (1) a 10’ wide sidewalk easement in the SE corner of the lot; and (2) a 30’ wide surface drainage & storm water easement along the south property line. Planner Sevald indicated the two easements are for the adjacent property, Silver Lake Commons apartments. As part of Silver Lake Common’s Development Review in 1997, the City required the apartment owner to obtain a drainage easement from 7800 Eastwood Road. At that time, there was concern that expansion of the apartments would negatively affect the natural drainage flow from properties north of the apartments (1940 aerial photo suggests a drainage ditch flowed through these properties). An easement was obtained, but a storm water retention pond was never constructed within the easement, nor was a sidewalk. Planner Sevald reported prior to the Title Search, neither the developer nor the current property owner (Value Homes) knew about the easements. For a Minor Subdivision, a Title Search is not required prior to plat approval, but prior to recording the plat at Ramsey County (City Code, Section 1202.01, Subd 2(b). Due to the private drainage easement and the 54’ front yard building setback requirement, the developable area of the lot is significantly reduced. Staff recommends approval of the Variance contingent upon complying with the conditions in Resolution 1055-16. It is Staff’s opinion that the Variance request is reasonable considering that the location of the private drainage easement greatly reduces the developable area of the lot. Planner Sevald reviewed the seven criteria to be considered in granting a variance, stating that the Public Hearing has been opened and closed, and that it is up to the Chair if to accept comments from the public. Chair Stevenson stated that there are several questions with this case, and stated that he saw no reason to hold another Public Hearing given the fact there were no neighbors in attendance. Chair Stevenson recalled the concerns of the neighbors as discussed at the previous meetings and reviewed the shape of the subject lot noting the easements on site. He requested staff review the