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HomeMy WebLinkAboutPlanning Commission Resolution 482-96 . . . (CASI~' WlTHJ)RA WN) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 482-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A REQUEST FOR A VARIANCE TO ALLOW A CONCRETE PARKING AREA WITHIN ONE FOOT OF A SIDE PROPERTY LINE AT 7755 SPRING LAKE ROAD; PLANNING CASE NO. 459-96 WHEREAS, the Mounds View Planning Commission acting as the Board of Adjustment and Appeals has reviewed the request of John R. Manning to build a concrete parking area within one foot of a side property line where five feet is required on property located at 7755 Spring Lake Road; 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 citing the difficulties caused by the parking restrictions on Spring Lake Road, the need for more guest parking, and the problems keeping a lawn growing in the area proposed for the parking area because it is shaded by pine trees on the adjacent property owner's lot; and, WHEREAS, the allowance for parking areas within one foot of a property line was added to the Zoning Code when the City imposed parking restrictions on all City streets; and, WHEREAS, considerable thought was given to the conditions under which such parking areas would be approved; and, WHEREAS, the Zoning Code specifically states that these parking areas are to be constructed using temporary materials which are defined as brick or concrete pavers, gravel construction or asphalt construction, and that no concrete surfacing is to be used; and, WHEREAS, the Zoning Code specifically states that a property owner proposing a parking area within one foot of a property line shall obtain the permission of the adjacent property owner; and, WHEREAS, the applicant is proposing a concrete parking area and has been unable to get permission of the adjacent property owner; and, . . . Planning Commission Resolution 482-96 October 2, 1996 Page 2 WHEREAS, this variance request fails to meet the following criteria for granting a variance as stated in Section 1125.02 of the Zoning Code. 1. There are no exceptional or extraordinary circumstances which apply to this property which do not apply generally to other properties in the vicinity in that all of the properties fronting on Spring Lake Road in this area have the same parking restrictions; and, 2. The granting of the variance would confer on the applicant a special privilege in that he would be allowed to build a parking area within one foot of the side property line without the consent of the neighboring property owner. The requirement for permission was included when the allowance for such parking areas was added to the Zoning Code, and is a key provision which recognizes the possible impact on neighboring properties and protects the public welfare. 3. Other alternatives are available to the applicant for providing additional guest parking on his property without needing a variance. There are 11 feet 6 inches between the existing driveway and the side lot line, allowing for six feet of parking area to be added to the driveway within the required five foot setback. The applicant could also add to the north side of the driveway. The variance requested is not the minimum needed. 4. The variance will be materially detrimental to the purpose of the Zoning Code and to other property in the same zone in that the Code provisions specifically and intentionally requires permission from the adjacent property owner, and such permission has not been given. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission does hereby deny the variance request for a concrete parking area within one foot of a side property line at 7755 Spring Lake Road. Adopted this 2nd day of October, 1996. xxxxxxxxxxxxxxx J eny Peterson, Chairman ATIEST xxxxxxxxxxxxxxx Pamela Sheldon, Community Development Director (SEAL) . . . (CASE WlTHDRA WN) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 482-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A REQUEST FOR A VARIANCE TO ALLOW A CONCRETE PARKING AREA WITHIN ONE FOOT OF A SIDE PROPERTY LINE AT 7755 SPRING LAKE ROAD; PLANNING CASE NO. 459-96 WHEREAS, the Mounds View Planning Commission acting as the Board of Adjustment and Appeals has reviewed the request of John R Manning to build a concrete parking area within one foot of a side property line where five feet is required on property located at 7755 Spring Lake Road; and, WHEREAS, the property is located in the R-1 single family residential district; and, WHEREAS, the applicant has presented a hardship statement to the Planning Commission citing the difficulties caused by the parking restrictions on Spring Lake Road, the need for more guest parking, and the problems keeping a lawn growing in the area proposed for the parking area because it is shaded by pine trees on the adjacent property owner's lot; and, WHEREAS, the allowance for parking areas within one foot of a property line was added to the Zoning Code when the City imposed parking restrictions on all City streets; and, WHEREAS, considerable thought was given to the conditions under which such parking areas would be approved; and, WHEREAS, the Zoning Code specifically states that these parking areas are to be constructed using temporary materials which are defined as brick or concrete pavers, gravel construction or asphalt construction, and that no concrete surfacing is to be used; and, WHEREAS, the Zoning Code specifically states that a property owner proposing a parking area within one foot of a property line shall obtain the permission of the adjacent property owner; and, WHEREAS, the applicant is proposing a concrete parking area and has been unable to get permission of the adjacent property owner; and,