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HomeMy WebLinkAboutResolution 6032 . RESOLUTION NO. 6032 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AFFIRMING THE PLANNING COMMISSION'S DENIAL OF A VARIANCE REQUESTED BY VIOLET WOODS FOR A 41-FOOT DRIVEWAY AND CURB CUT WIDTH; PLANNING CASE NO. VR02-011 WHEREAS, Violet Woods applied for a variance from the maximum curb-cut and driveway width requirement to allow a driveway expansion to remain on her property located at 7622 - 7624 Woodlawn Drive; and, WHEREAS, the subject parcel is legally described as follows: Block 2, Lot 14, Park Vie,v Terrace Ramse,v County, State of Minnesota WHEREAS, the parcel is zoned R-2, Single and Two-Family Residential; and, . WHEREAS, the maximum curb-cut and driveway width allowed in R-2 zoning districts is 32 feet and 36 feet, respectively; and, WHEREAS, the applicant has constructed a driveway addition that increased the curb-cut width to 41 feet; and, WHEREAS, the Planning Commission held a public hearing on October 16,2002 and based on their review of the facts and their assessment ofthe hardship criteria, the Planning Commission adopted Resolution 714-02 denying the requested variance; and, WHEREAS, the applicant exercised her right to appeal to the City Council the Planning Commission's denial; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: I. Zoning Map 2. Location Map 3. Applicant Appeal 4. Site Plan 5. Staff Report 6. Planning Commission Resolution 7 I 4-02 . WHEREAS, the City Council held a public hearing regarding this request on June 9, 2003; and, Resolution 6032 Page 2 . 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, in their resolution of denial, the Mounds View Planning Commission identified the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: . I. The property is zoned R-2, Single and Two-Family Residential. 2. The maximum curb-cut width allowed in R-2 zoning districts is 32 feet. 3. A driveway addition has been constructed on the property, which increased the curb-cut width to 41 feet. 4. The property is regularly shaped and is neither exceptional nor extraordinary given the number of properties within the City that are zoned R-2. 5. The literal interpretation of the Code would NOT deprive the applicant of rights commonly enjoyed by other properties in the same district in that the property is not unique compared to other properties in the same zoning district. 6. 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. 7. The variance WOULD be materially detrimental to the purpose ofthis Title in that there does not appear to be a sufficient hardship to warrant approval of the variance. 8. The hardship criteria as identified in Section 1125.02 have NOT been satisfied. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council, based upon its review of the facts and the infol1nation presented at the public hearing, does hereby affirm the Planning Commission's denial of the variance requested by Ms. Violet Woods for the curb cut at 7622 - 7624 Woodlawn Drive. NOW, THEREFORE, BE IT FINALI"Y RESOLVED, the Mounds View City Council orders that the driveway at the curb eut be brought into compliance with City Code, which limits curb cuts to 32 feet in width. Adopted this 9th day of June, 2003. ~ ~ Cl..-'Yv'-b<:l k{...~-c'r),.~ James Ericson, Interim City Administrator . Attest: (Seal) . RESOLUTION NO. 6032 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AFFIRMING THE PI,ANNING COMMISSION'S DENIAL OF A VARIANCE REQUESTED BY VIOLET WOODS FORA 41-FOOT DRIVEWAY AND CURB CUT WIDTH; PLANNING CASE NO. VR02-011 WHEREAS, Violet Woods applied for a variance from the maximum curb-cut and driveway width requirement to allow a driveway expansion to remain on her propeliy located at 7622 - 7624 Woodlawn Drive; and, WHEREAS, the subject parcel is legally described as follows: Block 2, Lot 14, Park View Terrace Ramsey COU/l(V, State of Alinnesota WHEREAS, the parcel is zoned R-2, Single and Two-Family Residential; and, . WHEREAS, the maximum curb-cut and driveway width allowed in R-2 zoning districts is 32 feet and 36 feet, respectively; and, WHEREAS, the applicant has constructed a driveway addition that increased the curb-cut width to 41 feet; and, WHEREAS, the Planning Commission held a public hearing on October 16, 2002 and based on their review of the facts and their assessment of the hardship criteria, the Planning Commission adopted Resolution 714-02 denying the requested variance; and, WHEREAS, the applicant exercised her right to appeal to the City Council the Planning Commission's denial; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Location Map 3. Applicant Appeal 4. Site Plan 5. Staff Report 6. Planning Commission Resolution 714-02 . WHEREAS, the City Council held a public hearing regarding this request on June 9, 2003; and, . . . Resolution 6032 Page 2 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, in their resolution of denial, the Mounds View Planning Commission identified the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: 1. The property is zoned R-2, Single and Two-Family Residential. 2. The maximum curb-cut width allowed in R-2 zoning districts is 32 feet. 3. A driveway addition has been constructed on the property, which increased the curb-cut width to 41 feet. 4. The property is regularly shaped and is neither exceptional nor extraordinary given the number of properties within the City that are zoned R-2. 5. The literal interpretation of the Code would NOT deprive the applicant of rights commonly enjoyed by other properties in the same district in that the property is not unique compared to other properties in the same zoning district. 6. 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. 7. The variance WOULD be materially detrimental to the purpose ofthis Title in that there does not appear to be a sufficient hardship to warrant approval of the variance. 8. The hardship criteria as identified in Section 1125.02 have NOT been satisfied. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council, based upon its review of the facts and the infomlation presented at the public hearing, does hereby affirm the Planning Commission's denial of the variance requested by Ms. Violet Woods for the curb cut at 7622 - 7624 Woodlawn Drive. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View City Council orders that the driveway at the curb cut be brought into compliance with City Code, which limits curb cuts to 32 feet in width. Adopted this 9th day of June, 2003. Attest: \....J tv)., ILL::::) f........-(.2.....\..--C.,.l.2r7- James Ericson, Interim City Administrator (Seal)