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Mounds View Planning Commission June 7, 2006 Regular Meeting Page 8 ________________________________________________________________________ Commissioners Hegland and Scotch stated they think this is great and are very supportive of his actions. MOTION/SECOND: Hegland/Scotch. To approve Resolution 836-06, a Resolution Recommending Approval of a Variance to Allow for a Three-Foot Side-yard Setback for a Garage at 7025 Pleasant View Drive; Planning Case No. VR2006-002. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ C. VR2006-003. Consideration of a Variance request for over 1,800 square feet of accessory buildings at 8135 Long Lake Road. Community Development Director Ericson informed the Commission that the applicants, David Slabiak and Maria Merabella, seek a variance to allow more accessory storage space than permitted in an R-1 Single Family Zoning District. The applicants propose constructing a new 1,620 square foot accessory building at the rear of their 29,620 square foot lot. There is presently 868 square feet of accessory space on the lot. Their request would be for an additional 868 square feet of storage space over the 1,800 square foot maximum, or 37 percent more than what is currently allowed. The applicants have indicted a desire to store arcade games in the new building. Director Ericson explained the amount of allowed accessory space on a lot is presently 1,800 square feet, an amount that exceeds many if not most first and second tier suburban communities. The present allowance was established in 2002, increasing the previous maximum from 1,400. 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. According to Minnesota statutes, the Planning Commission is required to review a set of specific 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 Zoning Code. The Code clearly states that a hardship exists when all the criteria are met. A summary of the findings based on the statutes are as follows: Director Ericson advised there are no extraordinary circumstances relating to the lot or the usage of the property, which would warrant consideration of a variance for more than 37 percent of the maximum allowed square footage. While it may be true that the lot, at 2/3 of an acre, could support the additional garage without exceeding the 20 percent rear-yard coverage ratio and the garage would be reasonably hidden from public view, these facts do not support a finding of extraordinary circumstances. The applicants freely admit that the basis for the request is to resolve a storage space deficiency caused by their own doing. Director Ericson explained the literal interpretation of the provisions of the Zoning Code allows for a maximum accessory storage space of 1,800 square feet. Many property owners, given the size of their lots and limited backyard depth, do not have the ability to construct anything close to