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HomeMy WebLinkAboutPlanning Commission Resolution 479-96 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 479-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE GRANTING A REDUCTION IN THE SETBACK REQUIREMENT FROM SIX FEET TO THREE FEET BETWEEN THE PRINCIPAL BUILDING AND AN ACCESSORY GARAGE BUILDING TO ALLOW THE CONSTRUCTION OF AN ENCLOSED REAR ENTRANCE FOR THE RESIDENCE AT 7090 KNOLLWOOD DRIVE; PLANNING CASE NO. 458-96 WHEREAS, the Mounds View Planning Commission acting as the Board of Adjustment and Appeals has reviewed the request of Vic & Son Construction, filed on behalf of Terry and Anne Jacobson, to allow a reduction in the setback requirement from six feet to three feet between the principal building and an accessory garage to allow construction of an enclosed rear entrance for the residence at 7090 Knollwood Drive; and, WHEREAS, the property is located in the R-l single family residential district; and, WHEREAS, the applicant has presented a hardship statement to the Planning Commission stating a desire to continue use of the existing rear entrance without changing all the exterior landscaping and walks; and, WHEREAS, exceptional or extraordinary circumstances apply to this property given the location of the existing residence, the existing accessory garage, and the location of the rear door from the residence, which limit options for providing an enclosed rear entrance which will provide weather protection. WHEREAS, the literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district in that the addition of a protected entrance is a common improvement for homes in the R-l district. WHEREAS, the special conditions or circumstances do not result from the actions of the applicant in that the enclosed rear entrance is being added to a residence where both the residence and garage exist, and the dimension between them is fixed. The location of the rear door is also fixed, and is positioned such that the enclosure encroaches into the required setback. WHEREAS, the granting of the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district in that an enclosed entrance is a common improvement on single family homes. WHEREAS, the variance requested is the minimum variance which would alleviate the hardship in that the enclosure is only as wide as a typical stairway which serves the rear entrance. . . . Planning Commission Resolution No. 479-96 October 2, 1996 Page 2 WHEREAS, the variance would not be materially detrimental to the purpose of this Title or to other property in the same zone in that the enclosed entrance has no effect on adjacent properties. With compliance with the contingency stated in this resolution, health and safety will be protected. WHEREAS, the proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood in that the location of the rear entrance and the garage is such that the two buildings do not overlap and the minimum dimension of three feet is corner to corner. There is 7 feet 8 inches between the garage and the residence otherwise. The addition of the enclosed rear entrance will not contribute to congestion on public streets. With compliance with the contingency stated in this resolution, safety from fire is addressed. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission approves the variance request from Vic & Son Construction, on behalf of Terry and Anne Jacobson, for a reduction in the setback requirement from six feet to three feet between the corners of the principal building and an accessory garage building at 7090 Knollwood Drive, subject to the following contingency: 1. Prior to final inspection and approval of the building addition at 7090 Knollwood Drive, The property owner shall comply with the requirements of Chapter 1000 of the Mounds View Municipal Code for fireproofing the walls of the garage, to the satisfaction of the City Building Official. Adopted this 2nd day of October, 1996. Jerry ph, ~= ATTEST: ~~~ Pamela Sheldon Community Development Director (SEAL)