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HomeMy WebLinkAboutResolution 5521 . - . RESOLUTION NO. 5521 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION DENIAL OF A VARIANCE FOR A ZERO-FOOT GARAGE ADDITION SETBACK AT 7764 GRRENWOOD DRIVE, REQUESTED BY PROPERTY OWNER JOHN WILSON. WHEREAS, in the spring of 2000, John Wilsonl property owner of 7764 Greenwood Drive, constructed a garage addition without a building permit; and, WHEREAS, the garage addition was built up to the north side-yard property line without any setback; and, WHEREAS, the side-yard setback for garages and accessory structures is five feet; and, WHEREAS, staff became aware of the structure in May of 2000, after neighbors called to complain about the construction; and, WHEREAS, City staff sent letters to the property owner on June 8, September 5, and again on November 6, 2000, indicating that the structure was in violation of building and zoning codes and that the violations would need to be corrected; andl WHEREAS, on November 20, 2000, Mr. Wilson applied for a variance to allow for the garage addition to remain unchanged; and, WHEREAS, The Mounds View Planning Commission held a public hearing on December 201 2000 regarding the request and after taking testimony and reviewing the facts of the request, approved Resolution 645- 00, a resolution denying the requested variance due to a lack of demonstrated hardship; and, WHEREAS, on January 12, 20011 Mr. Wilson appealed to the City Council, requesting that the Council overturn the decision of the Planning Commission; and, WHEREAS, in his letter seeking an appeal of the Planning Commission denial, Mr. Wilson indicated that he was willing to compromise on the extent of the setback; and, - . .- Resolution 5521 January 22, 2001 Page 2 WHEREAS, staff spoke with Mr. Wilson on January 22, 20011 who agreed that the structure could be cut back so as to meet the Zoning Code Setback requirementsl eliminating altogether the need for a variance. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View does hereby uphold the decision of the Planning Commission to deny Mr. Wilson's variance request for a zero-foot garage addition setback, citing by reference the same findings pertaining to the lack of demonstrated hardship as presented in Planning Commission Resolution 645-00. BE IT FURTHER RESOLVED, that Mr. Wilson shall either completely remove the garage addition and restore the garage to its original condition or alter the structure so as to be in compliance with the building and zoning codes of the City of Mounds View within 30 days of the adoption date of this resolution. Adopted this 22nd day of January, 2001. <~,~.. .~" A1TEST Richard Sonterrel Mayor ./ --:-/., , )\ (~;:,J. '--1'-1( ~ L- Kathle~n Miller, City Clerk/Administrator (SE.l\,L) C: \ WINNT\Profiles\Jime\Favorites\City Council Stuff\Resolution 5521.doc