HomeMy WebLinkAboutResolution 6544
-
.
.
RESOLUTION NO. 6544
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AFFIRMING THE PLANNING COMMISSION'S DENIAL OF A VARIANCE
REQUEST TO REDUCE THE FRONT PARKING SETBACK TO ZERO FEET AT ACE
SUPPLY COMPANY LOCATED AT 4749 OLD HIGHWAY 8;
PLANNING CASE VR2005-003
WHEREAS, the applicant, Bruce Hasselbring, representing Ace Supply
Company, has applied for a variance to reduce the front parking area setback to zero
feet at Ace Supply Company, located at 4749 Old Highway 8; and,
WHEREAS, 4749 Old Highway 8 is zoned 1-1, Industrial and is legally described as:
Lot 2, Block 1, Subject to Easements
Midway Industrial, Ramsey County, Minnesota
WHEREAS, Section 1104.02 of the Mounds View Zoning Code indicates that the
minimum front setback for a parking lot in Industrial districts is forty (40) feet; and,
WHEREAS, the applicant is requesting a front parking setback variance to locate
the parking area zero (0) feet from the front property line; and,
WHEREAS, the Mounds View City Council has reviewed the following documents
regarding this proposal:
1. Planning Application
2. Letter from the Applicant
3. Zoning Map
4. Location Map
5. Site Plan
6. Photographic Documentation
7. Planning Commission Resolution 793-05
8. Staff Report
WHEREAS, the purpose of the variance provision in the Zoning Code is to give
relief to property owners when the strict enforcement of the zoning code requirements
imposes a hardship thereby restricting the improvement of property due to practical
difficulties brought about by unique or extraordinary features of the physical property that
are beyond the property owner's control; and,
WHEREAS, the Planning Commission held a duly noticed public hearing regarding
this variance on April 20, 2005 and based on their review of the facts and their assessment
of the hardship criteria, the Planning Commission denied the requested variance due to
lack of hardship; and,
WHEREAS, the applicant exercised his right to appeal to the City Council the
Planning Commission's variance denial; and,
WHEREAS, the City Council held a public hearing regarding this variance request
on May 23,2005; and,
.
WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View
Municipal Code, the City Council is to review a standard set of criteria, of which all must be
satisfied, in order to grant a variance to the Zoning Code; and,
WHEREAS, the Mounds View Zoning Code requires that the City Council consider
the advice and recommendation of the Planning Commission and shall consider the
relationship between the proposed variance and the Comprehensive plan and considerthe
impacts of the use supported by findings of relevant fact.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council hereby
makes the following findings of fact related to this request:
1. The property is zoned 1-1, Industrial.
2.
3.
4.
5.
.
6.
The minimum front parking area setback in Industrial districts is forty feet.
The applicant is requesting to reduce the front parking area setback to zero.
The property is neither exceptional nor extraordinary in regards to shape or size.
Granting a variance in this case would confer a special privilege not enjoyed by
other property owners in that there does not appear to be a sufficient hardship to
warrant approval of the variance.
The variance would be materially detrimental to the purpose of this Title in that
there does not appear to be a sufficient hardship to warrant approval of the
variance.
7. The hardship criteria as identified in Section 1125.02 have not been satisfied.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City Council,
based upon its review of the facts and the information presented at the public hearing,
does hereby affirm the Planning Commission's denial of the variance requested to reduce
the front parking area setback to zero feet at Ace Supply Company located at 4749 Old
Highway 8.
.
A TI"EST:
Adopted this 23rd day of May, 2005.
/J ~
a~ ~
Rob'Marty, Mayor
/~ '(;4 fL-
Kurt Ulrich, City Clerk/Administrator
(SEAL)