HomeMy WebLinkAboutResolution 6286
.
RESOLUTION NO. 6286
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AFFIRMING THE PLANNING COMMISSION'S DENIAL OF A
VARIANCE REQUESTED BY MICHAEL READ FOR A 48-FOOT WIDE GARAGE AND
DENYING A CONDITIONAL USE PERMIT FOR AN OVERSIZED GARAGE;
PLANNING CASE NOS. VR2004-005 AND CU2004-001
WHEREAS, Michael Read has applied for a variance and a conditional use permit
to expand his existing 528 square foot garage by an additional 624 square feet for a
finished total of 1,152 square feet at 2208 Lois Drive; and,
WHEREAS, the subject parcel is legally described as follows:
Lot 2 and Subject to ditch Lot 3, Block 18, Pinewood Terrace
No.5; Ramsey County, Minnesota
. WHEREAS, the parcel is zoned R-1, Single Family Residential; and,
WHEREAS, the Mounds View Zoning Code conditionally allows garages in
excess of 952 square feet in area with a maximum accessory building area not to
exceed 1,800 square feet; and,
WHEREAS, the maximum garage width allowed by conditional use requirements is
35 feet; and,
WHEREAS, the applicant is proposing a garage addition that would increase the
garage width to 48 feet; and,
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 public hearing on May 19, 2004 and
based on their review of the facts and their assessment of the hardship criteria, the
Planning Commission adopted Resolution 758-04 denying the requested variance and also
adopted Resolution 757-04 recommending denial of the conditional use permit do to the
fact that the dimensional requirements had not been met, and;
.
.
.
Read Variance and CUP
June 28, 2004
Page 20
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-1, Single Family Residential.
2. The maximum garage width allowed for an over-sized garage in an R-1 zoning
districts is 35 feet.
3. The applicant is proposing to construct a garage that is 48 feet wide, 13 feet in
excess of the permitted width.
4. The property is regularly shaped and is neither exceptional nor extraordinary
given the number of properties within the City that are zoned R-1.
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 of this 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.
WHEREAS, the applicant exercised his right to appeal to the City Council the
Planning Commission's variance denial; and,
WHEREAS, the City Council has reviewed the following documents regarding this
proposal:
1 . Application
2. Zoning Map
3. Site Plan
4. Layout and Elevations of Proposed Addition and Alternative Plan
5. Photographic Documentation
6. Staff Report
7. Planning Commission Resolutions 758-04 and 757-04
WHEREAS, the City Council held a public hearing regarding this request on June
28, 2004; and,
.
.
.
Read Variance and CUP
June 28, 2004
Page 21
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 conditional use and the Comprehensive plan and
consider the impacts of the use supported by findings of relevant fact.
NOW, THEREFORE, BE IT 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 by Mr. Michael
Read for the 48-foot wide garage at 2208 Lois Drive.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City Council,
based upon its review of the facts and conditional use permit requirements, does hereby
deny the conditional use permit for an oversized garage at 2208 Lois Drive.
Adopted this 28th day of June, 2004.
Attest:
# ,{; kS1
Kurt Ulrich, City Clerk / Administrator
(Seal)