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HomeMy WebLinkAbout03-18-1992 • PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting March 18, 1992 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 The Mounds View Planning Commission was 1. Call To Order called to order by Chair Mountin at 8:00 p.m. on Wednesday, March 18, 1992 . MEMBERS PRESENT: Commissioners Miller, 2 . Roll Call Nelson, Peterson, Ruggles, Stevenson, and Chair Mountin. Commissioner Burgers had an excused absence. ALSO PRESENT: Planner Harrington and Recording Secretary Asleson. Chair Mountin welcomed new Commissioner • Hank Ruggles to the Planning Commission. There were no resident requests or 3 . Resident comments from the floor. Requests and Comments from the Floor Planner Harrington briefly reviewed 4 . Consideration Planning Case No. 336-92, Herbst and of Resolution Sons ' application for a fifteen foot No. 333-92, variance from the side yard setback Variance requirement. He stated that this case Request of was before the Commission at this Herbst and meeting because there were not enough Sons, 2299 Commissioners present at the last County Road H regular meeting to have the quorum necessary to act on the item. Chair Mountin noted that Mr. Herbst was present and that this case had been previously reviewed at an agenda session. She asked the Commissioners for their opinions on the case. Commissioner Peterson felt that there was no other property like this one in • the City and that granting this variance • Mounds View Planning Commission March 18, 1992 Special Meeting Page 2 would not confer special privileges on this applicant that are not enjoyed by other owners in the City. Commissioner Miller stated that the hardship in this case appears to be an economic hardship. Commissioner Nelson said that since the 1986 Planning Commission granted a variance based on the fact that the applicant did not create the situation, he would be in favor of granting this variance. Commissioner Stevenson felt that, if the variance went through, the proposed addition would look better aesthetically than if Mr. Herbst built in another part of the property. • Commissioner Ruggles felt that a hardship existed for the applicant in that it would be difficult to configure the building in a way that would meet setback requirements. Motion/Second: Stevenson/Peterson to approve Resolution No. 333-92, approving a fifteen foot variance from side yard setback requirements, Herbst and Sons, 2299 County Road H. 4 ayes 2 nays Motion Carried Commissioner Miller voted against granting the variance because she felt that the applicant had not met all of the criteria with regard to hardship. Chair Mountin voted against granting the variance because she didn't feel that the variance implied in the 1986 Resolution should be automatically conferred to this new case. In addition, Chair Mountin stated that she • felt that the applicant had only proven "practical difficulty' rather than • Mounds View Planning Commission March 18, 1992 Special Meeting Page 3 "undue hardship" , which is required in order to grant a variance. It was requested that Staff include a copy of the Minnesota Land Planning Act, which outlines the requirements for variances, in the next packet. Planner Harrington stated that the 5 . Consideration applicant, Everest Development, had just of Resolution brought in copies of a new proposal for No. 334-92, the subdivision at 2375 Highway 10 . Tim Major Sub- Nelson, representing Everest, said that division he felt comfortable with simply request of presenting the new information at the Everest agenda session following this Special Development, Meeting and having the Commission act on 2375 Highway 10 the Resolution at their Regular Meeting on April 1. Motion/Second: Nelson/Stevenson to • table Resolution 334-92, Subdivision Request of Everest Development for the property at 2375 Highway 10. 6 ayes 0 nays Motion Carried Commissioner Colleen joined the meeting at 8: 10 p.m. There being no further business before 6 . Adjournment the Commission, Chair Mountin adjourned the meeting at 8: 11 p.m. Respectf Submitted, Paul Harrington City Planner 411 • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 333-92 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SETBACK VARIANCE REQUEST BY HERBST AND SONS CONSTRUCTION CO. , INC. 2299 COUNTY ROAD H, PLANNING CASE NO. 336-92 WHEREAS, the Mounds View Planning Commission has reviewed the request of Herbst and Sons Construction Co. , Inc. for a variance to allow the construction of an addition to their existing facility at a five foot (5' ) side yard setback where a twenty foot (20') setback is required by Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; and WHEREAS, the applicant has presented a hardship statement to the Planning Commission; and WHEREAS, the literal interpretation of the provisions of this code would deprive the applicant of rights commonly . enjoyed by other properties in the same district under the terms of this Code; and WHEREAS, the special conditions of the property do not result from the actions of the applicant; and WHEREAS, granting the variance would not confer special privileges on the applicant that are not enjoyed by other property owners in the same district; and WHEREAS, the variance requested is the minimum necessary to alleviate the hardship. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves the variance request of Herbst and Sons Construction Co. , Inc. for a fifteen foot (15' ) variance into the side yard setback. Adopted this 18th day of March, 1992 . ATTEST: Chai i - (SEAL) anner