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Item No: 5A Meeting Date: May 3, 2006 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Consideration of a Variance for a Garage Height Exceeding Allowances at 8495 Sunnyside Road Introduction: The applicants, Don and Diane Balk, reside at 8478 Long Lake Road and own the vacant lot adjacent to the west at the corner of Long Lake Road (formerly County Road J) and Sunnyside Road. The Balks would like to build a new home on the vacant lot and sell their old home. A conditional use permit was granted to allow for a garage footprint of 1,062 square feet to allow the Balks to park their recreational vehicle inside the garage. (The maximum size for a garage without a CUP is 952 square feet.) Without the extra depth needed for the RV (an additional nine feet) the garage would not necessitate a CUP. Because of how the garage is intended to be used, additional clearance would be needed to allow the RV to enter the garage. A standard height garage opening would be insufficient, which has prompted the request for a variance. Discussion: Section 1106.03, Subdivision 1, lists the requirements for accessory buildings in a residential district. Subdivision 1b indicates that “accessory buildings shall not exceed fifteen feet (15’) in height”. Height is measured from the base of the garage to the midpoint of the roof truss which allows for some variability with roof pitches Garages with less pitch may have slightly taller side walls. In the case of the Balk’s proposed garage, the sidewall height would be 14 feet with a garage door opening of thirteen feet, which would accommodate a vehicle requiring a twelve-foot clearance. According to the plans submitted, this would result in the garage being 17 feet tall, two feet taller than what is permitted without a variance. The Balks contend that while it would be desirable to have the RV parked inside from an aesthetic standpoint, there are maintenance and security reasons along with setback and visibility issues that would support and justify interior storage of the RV. Variance Considerations: For a variance to be approved, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the Planning Commission, in this case) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The criteria are as follows: