09-04-2019 PC Packet - Laserfiche WebLink

Home Browse Search

Item No: ___05A Meeting Date: Sep 4 , 2019 Type of Business: Planning Case VR2019 -004 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Public Hearing: Resolution 1106-19, Consideration of a Variance to reduce the side yard setback from 5’ to 3’ for a driveway, for property located at 8405 Red Oak Drive (Planning Case VR2019-004). Introduction The Applicant, Tim Rodgers, is requesting a Variance to reduce the side yard setback for a driveway, from 5, to 3’. Discussion In 2009, as part of the Area A street reconstruction project, the City installed a one-car wide driveway apron with a 3’ side yard setback1 to match that of the existing dirt driveway original to the house (1941). In June 2019, the applicant applied for a Zoning Permit to replace the dirt driveway. The request included a 0’ setback to match an existing concrete driveway (parking pad) in front of the garage (installed without a permit by the previous owner). The dirt driveway meandered some, but was generally within 1’ of the property line. The permit was approved, pending compliance with a 5’ setback, and provided options to apply for a Variance for a 0’ setback; or an Administrative Variance for a 3’ setback.2 In June, the applicant installed the driveway with a 5’ setback at the front, and a 3’ setback at the parking pad, and applied for an Administrative Variance. The Administrative Variance was preliminarily approved by the Community Development Director, conditioned upon no objections from adjacent property owners, and upon final review by the Planning Commission. The Commission considered the case at its July 10, 2019 meeting, voting 4 -1 to approve the review of the Administrative Variance. Because a super majority is required (5 of 7 Commissioners), the Motion failed, and the Administrative Variance was Denied. Upon denial, the Applicant had the option to apply for a regular Variance, and has done so. Analysis Driveways shall have a minimum side yard setback of 5’.3 Upon Staff’s review of similar cases since 2008, the Commission has approved 17 similar Variances, and has denied none. In June 1 The applicant provided measurement, based on finding the SW property pin, and measuring where the NW pin should be, adjacent to the driveway (NW pin not found). 2 City Code, Section 1125.02, Subd 6 (Administrative Variance). An Administrative Variance may be applied when; (1) the request is within 25% of code requirements, and does not result in a setback of less than 5’; or (2) the request is related to a pre-existing non-conforming driveway or curb cut. 3 City Code, Section 1104.01, Subd 4(b)1 (Driveways)