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Item 05A Page 9 of 11 The Mounds View Vision A Thriving Desirable Community MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1122-20 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO REDUCE THE FRONT (SIDE) YARD SETBACK, FROM 30-FEET TO A DISTANCE EQUAL TO THE SETBACK OF THE ATTACHED GARAGE, LOCATED AT 2512 COUNTY ROAD H2 (PLANNING CASE VR2020-005) WHEREAS, the applicants; William and Tiffany O’Malley, propose to add onto an attached garage, and are requesting a Variance to reduce the front (side) yard setback from 30’, to a distance equaling the existing setback from Skiba Drive, on property located at 2512 County Road H2, legally described as: PID: 08-30-23-32-0061 Lot 1, Block 2, Random’s First Addition WHEREAS, City Code, Section 1104.01, Subd (b) (Setbacks for Principal Buildings), requires setbacks “Not less than thirty feet (30’) from the lot line if lot is on corner and the lot line abuts a street.”… The subject property is a corner lot abutting County Road H2 and Skiba Drive. The proposed garage addition will be attached to the principal building (e.g. attached garage); and, WHEREAS, there is no known survey of the property. The property owner is unable to locate property pins confirming where the property line is. Based on Ramsey County GIS (2018 aerial photos), Staff estimate the front (side) yard setback to be 26’ – 27’ from the Skiba Drive property line, whereas a minimum of 30’ is required in the R-1 zoning district. The reduced setback causes the home and attached garage to be a non-conforming structure; and, WHEREAS, Minnesota Statute §462.357, Subd 1e (Nonconformities) states; …“any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion”… The proposed addition is an expansion of a nonconforming building; and, WHEREAS, a Public Hearing notice was published in the Shoreview Press on October 13, 2020, and mailed to property owners within 350’ of the subject property; and, WHEREAS, the Planning Commission conducted a Public Hearing on November 4, 2020; and, WHEREAS, the Mounds View Planning Commission has reviewed the Staff Report, submitted plans, and has compared the request to City Code, Section 1125.01, Subd 4 (Criteria for Granting Variances), and in consideration of public testimony, makes the following Findings of Fact (italics):