04-18-2012 - Laserfiche WebLink

Home Browse Search

Item No: 5A Meeting Date: April 18, 2012 Type of Business: Public Hearing City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Variance to allow a Detached Accessory Building to Exceed the Maximum Height Limit at 8027 Woodlawn Drive; Planning Case VR11-008 Introduction: The Planning Commission denied this request in December 2011 and the City Council also denied the variance in March 2012. Since then, the Council rescinded their denial and asked that the Planning Commission review this variance request again under different zoning code requirements. Given that the building permit for the garage has been “open” since it was issued in 2007, City Staff and the City Council have decided that the applicant should use the Zoning Code that was in effect when his permit was issued. The applicant, Tim Downing, property owner of 8027 Woodlawn Drive, is requesting a variance to allow the height of his detached accessory building to exceed the maximum height limit of 15 feet as measured at the midpoint between the eave and the peak (Zoning Code in effect in 2007). Mr. Downing has built a second garage on his property that is 15 feet 9 inches tall at the midpoint. Discussion: In October 2007, the applicant was issued a building permit to construct a detached accessory building on his property. The building plans submitted were for a typical style, single story, 936 square foot detached garage. At the time the permit was issued, the Zoning Code height limit was 15 feet as measured midway between the peak and the eave. Mr. Downing’s garage plans showed a height of 15 feet at the midway point, which met the current zoning code. Mr. Downing did not start work on the garage for a long time, and the City Building Official granted several extensions for his building permit in order to keep the permit “active” until he had time to start construction. Per the building code, a building permit will stay active as long as some construction work is being done at least every 6 months. The applicant may submit a written request for an extension of their permit, which the Building Official may grant at their discretion. A footing inspection for the garage was finally done by the City building inspector on August 31, 2010, and the floor slab was poured the next week. After that, the City did not receive any requests from Mr. Downing for more inspections. In late August 2011, Staff became aware that a 2-story garage with dormers had been constructed on the applicant’s property. After reviewing the permit application, staff saw that the garage Mr. Downing built was different from the plans he had submitted in 2007. The Building Official attempted to contact Mr. Downing in late August 2011, and again in September after receiving no response to the first letter.