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HomeMy WebLinkAboutPlanning Commission Resolution 37-81• MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 37-81 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REGARDING PLANNING COMMISSION ACTION ON CASE 96-81, VARIANCE REQUESTS FOR 5161 RED OAK DRIVE WHEREAS, the owner of 5161 Red Oak Drive, Harold H. Hjelle, has requested two variances; and WHEREAS, one variance is the request to remodel an existing garage facility with an eight (8) foot setback from a side property line to livable space which requires a minimum ten (10) foot setback to a side property line; and WHEREAS, the second variance request is to locate a new garage fronting a street 15 feet from the boulevard line while the required setback is a minimum of 30 feet; and WHEREAS, the Mounds View Planning Commission is bound to review - ng variance requests using the Mounds View Municipal Code and State tatutes as the requirements to base their decisions; and WHEREAS, the Mounds View Municipal Code states: 40.24, Subdivision D In considering all request for a variance or appeal, and in taking subsequent action, the City staff, City Council and the Planning Commission serving as the Board of Adjustment and Appeals shall make a finding of fact that the proposed action will not: (1) Impair an adequate supply of light and air to adjacent property. (2) Unreasonably increase the congestion in the public street. (3) Increase the danger of fire or endanger the public safety. (4) Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of this Code. further that: 40.24, Subdivision E The Planning Commission serving as the Board of Adjustment and Appeals shall, after receiving the written records RESOLUTION NO. 37-81 Page 2 and recommendations of the City staff, make a finding of fact and decide upon requests for a variance by approving or denying the same, in part or in whole, where it is alleged by the applicant that a non -economic hardship in the reasonable use of a specific parcel of property exists. A hardship that by some reason of narrowness, shallowness or shape of a specific parcel of property or a lot existing and of record upon the effective date of this Code or that by reason of exceptional topographic or water conditions of a specific parcel of land or lot, the strict application of the terms of the Code would result in exceptional diffi- culties when utilizing the parcel or lot in a manner custom- ary and legally permissable within the district in which said lot or parcel is located, or would create undue hardship upon the owner of such lot or parcel that the owner of another lot or parcel within the same district would not have if he were to develop his lot or parcel in a manner proposed by the appellant. Should the Board find that the conditions outlined heretofore apply to the proposed lot or parcel, the Board may grant a variance from the strict application of this Code so as to relieve such difficulties or hardships to.the degree considered reasonable, provided such relief may be granted 4 Pwithout impairing the intent of this Zoning Code. and; WHEREAS, the Minnesota Statutes state: 462.357, Subdivision 6 Appeals and adjustments. Appeals to the Board of Appeals and Adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The Board of Appeals and Adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforce- ment would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. Undue hardship includes, but is not • limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Section 116H.02, Sub- division 3, when in harmony with the -ordinance. The Board RESOLUTION NO. 37-81 Page 3 • of Appeals and Adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for proper- ty in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of one family dwelling as a two family twelling. The board or governing body as the case may be may impose con- ditions in the granting of variances to insure compliance and to protect adjacent properties. further that: 394.27, Subdivision 7 and; 6WHEREAS, the Mounds View Planning Commission has reviewed the he variance request for the remodeling of a garage use to a livable rea use with only an eight (8) foot setback and found that granting The Board of Adjustment shall have the exclusive power to order the issuance of variances from the terms of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control in cases when there are practical difficulties or particular hardship in the way of carrying out the strict letter of any official • control, and when the terms of the variance are consis- tent with the comprehensive plan. "Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official con- trols; the plight of the landowner is due to circumstances unique to his property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. Variances shall be granted for earth sheltered construc- tion as defined in Section 116H.02, Subdivision 3, when in harmony with the official controls. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The Board of Adjustment may impose conditions in the granting of variances to insure compliance and to protect adjacent properties and the public interest. The Board of Adjustment may consider the inability to use solar energy systems a "hardship" in the granting of variances. and; 6WHEREAS, the Mounds View Planning Commission has reviewed the he variance request for the remodeling of a garage use to a livable rea use with only an eight (8) foot setback and found that granting RESOLUTION NO. 37-81 Page 4 C7 such a two (2) foot variance for the remodeling would not impair the intent of the Code and be in keeping with the spirit of the Code; and WHEREAS, the Mounds View Planning Commission has reviewed the request for a fifteen (15) foot setback variance for a new garage while thirty (30) feet is required by Mounds View Municipal Code and found that granting the variance would potentially endanger the public and not be in keeping with the spirit of the Code; and WHEREAS, the owner of 5161 Red Oak Drive does have other alter- natives to relocate the new garage which is typical of how other lots have and can develop to meet City setback requirements; NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission grants a two (2) foot setback (eight (8) feet given, ten (10) required) variance for the remodeling of a garage use to a livable use at 5161 Red Oak Drive; BE IT FURTHER RESOLVED that the Mounds View Planning Commission denies the request for a fifteen (15) foot variance (fifteen (15) given, thirty (30) required) for a new garage setback a 5161 Red Oak Drive. • ATTEST: (SEAL) is Adopted this 7th day of October, 1981. Building and Zoning Official