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HomeMy WebLinkAboutPlanning Commission Resolution 525-97 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 525-97 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STA TE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A. G. ENGEN TO ALLOW FOR A PERMANENT DRIVEWAY SURFACE WITHIN THE FIVE FOOT SIDE YARD SETBACK AT 2229 OAKWOOD DRIVE; PLANNING CASE NO. 496-97 WHEREAS, the Mounds View Planning Commission has reviewed the request of A. G. Engen, residing at 2229 Oakwood Drive; and WHEREAS, this property is zoned R-I, Single Family Residential District and is legally described as: Lot 26, Block 6, Pinewood Terrace No.3, Ramsey County, State of Minnesota WHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Planning Application 2. Zoning Map 3. Site Plan 4. Photographic Documentation 5. Letter from Applicant 6. Letter from Neighbor 7. Planning Commission Resolution No. 525-97 WHEREAS, the applicant requests a variance to allow for a permanent driveway surface to be located within the five-foot side yard setback at 2229 Oakwood Drive; and WHEREAS, exceptional or extraordinary circumstances apply to this property over which the applicant has had no control, in that the existing driveway currently encroaches into the five- foot setback and installing a new driveway of the same width not in the setback would necessitate the removal of a fence and significant trees; and WHEREAS, the literal interpretation of this Code would deprive the applicant of rights commonly enjoyed by other property owners in the same district, in that other property owners are allowed driveways as wide as 35 feet and that because of the mature trees, the applicant would be unable to retain the driveway at its current width or location if replaced. . . . Planning Commission Resolution No. 525-97 Engen Variance August 20, 1997 Page 2 WHEREAS, granting the variance requested will not confer on the applicants any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district in that driveways in single family residential districts may be as wide as 35 feet; and WHEREAS, the variance requested is the minimum variance which would alleviate the hardship in that a driveway at this width allows for just enough room to park two vehicles side by side; and WHEREAS, the variance would not be materially detrimental to the purpose of this Title or to other properties in the same zone in that permanent surfaces such as cement poses less of an environmental impact and is aesthetically more pleasing than gravel, a common temporary parking surface; and WHEREAS, the proposed variance will not impair an adequate supply oflight 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 variance request would allow for the replacement of an old disintegrating asphalt drive with a new aesthetically pleasing cement drive in the same location. NOW, THEREFORE, BE IT RESOL YED that the Mounds View Planning Commission, acting as the Board of Adjustment and Appeals, approves the variance request of A. G. Engen, residing at 2229 Oakwood Drive, with the following conditions: 1. A notation shall be added to the building permit application for the driveway that indicates a variance was granted on August 20, 1997, allowing a permanent driveway surface to be located not closer than one foot to the side yard property line. 2. The driveway to be constructed shall maintain at least a one-foot setback from the marked side yard property line. Adopted this 20th day of August, 1997. ~\>~ Je Peterson, Chairman ATTEST: rfUM-ttJ ~~ James Ericson, Planning Associate ("QA T ) ,;,....J u....