HomeMy WebLinkAboutResolution 6322
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RESOLUTION NO. 6322
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AFFIRMING THE PLANNING COMMISSION'S DENIAL OF A VARIANCE
REQUESTED BY MICHEL MOURAD FOR A THIRTY-SIX (36) FOOT CURB CUT WIDTH AT
7090 SILVER LAKE ROAD;
PLANNING CASE NO. VR2004-006
WHEREAS, Michel Mourad has applied for a variance from the maximum curb cut width
requirement to allow a previously constructed driveway addition to remain on the property
located at 7090 Silver Lake Road; and,
WHEREAS, the subject parcel is legally described as follows:
North 135 feet of Lot 96, Knollwood Park
Ramsey County, State of Minnesota
WHEREAS, the parcel is zoned R-1, Single Family Residential; and,
WHEREAS, the maximum curb cut width allowed in R-1 zoning districts is 24 feet; and,
WHEREAS, the applicant has constructed a driveway addition that increased the curb
cut width to 36 feet without a permit; 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 July 7,2004 and based
on their review of the facts and their assessment of the hardship criteria, the Planning
Commission adopted Resolution 763-04 denying the requested variance due to lack of
hardship; 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-1, Single Family Residential.
2. The maximum curb cut width allowed in R-1 zoning districts is 24 feet.
3. A driveway addition has been constructed on the property, which increased the curb
cut width to 36 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-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.
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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. Photographic Documentation
4. Sketch of Driveway
5. Aerial Photograph
6. Planning Commission Resolution 763-04
7. Staff Report
WHEREAS, the City Council held a public hearing regarding this request on August 9,
2004; 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 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. Michel Mourad for the 36-foot
wide curb cut at 7090 Silver Lake Road.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the driveway at 7090 Silver
Lake Road must be brought into compliance with the Zoning Code within ninety (90) days of the
adoption of this Resolution.
ATTEST:
Adopted this 9th day of August, 2004.
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Kurt Ulrich, City Clerk / Administrator
(seal)