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