HomeMy WebLinkAboutPlanning Commission Resolution 556-98
.
.
.
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 556-98
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO THE REQUIRED TWO-FOOT SIDE
YARD SETBACK FOR A SIDEWALK LOCA TED AT 5249 GREENFIELD A VENUE;
PLANNING CASE NO. 533-98
WHEREAS, the Mounds View Planning Commission has reviewed the request of
Timothy White to permit a sidewalk within the two-foot sideyard setback at his home located at
5249 Greenfield Road; and,
WHEREAS, this property is zoned R-I, Single Family Residential District and is legally
described as:
Lot 1 J, Block 2, Eigenheer Second Additio1l
WHEREAS, the Planning Commission has reviewed the following documents associated
with this request:
I.
2.
Planning Application
Location Map
Zoning Map
Site Plan
'"
-'.
4.
WHEREAS, the sidewalk for which this variance is requested by the applicant has already
been constructed, replacing a sidewalk that had been present in excess of twenty years; and,
WHEREAS, exceptional or extraordinary circumstances do apply to the property which
do not apply generally to other properties in the same zone or vicinity and result from lot size or
shape, topography or other circumstances over which the owners of the property since the
effective date hereof have had no control, in that the land laying between the garage and the
adjoining property is Isoped and that the shed, which faces north toward the adjoining property, is
located outside of the enclosed pool area, access to which is gained most conveniently from
alongside the north side of the garage; and,
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 slope of
the land laying between the garage and the adjoining property necessitates that some type of
walkway be constructed to access the garden area and shed to the rear of the garage; and,
WHEREAS, special conditions or circumstances do not result from the actions of the
applicant in that the grade of the land is somewhat inhibitive for access without a leveling of the
.
.
.
Planning Commission Resolution 556-98
September 2, 1998
Page 2
grade, which is not possible without exposing the footings of the garage and possibly interupting
the flow of drainage from the property; and,
WHEREAS, the variance requested is the minimum variance which would alleviate the
hardship, in that because the setback is only two feet for a sidewalk and the fence (presumably) is
not on the property line, the variance requested is minimal--probably one foot to one and a half
feet; and,
WHEREAS, granting the variance requested woulll not confer on the applicant a special
privilege that is denied by this Title to owners or other lands, structures or buildings in the same
district in thllt other property owners have unobstructed access to the area between their garage
and property line; and,
WHEREAS, the variance woulll not be materially detrimental to the purpose of this Title
or to other property in the same zone in thllt the the City Code allows driveways--a more
intensive use--to be located within one foot of a property line; and,
WHEREAS, the variance woulll not 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 a sidewalk would have no impact upon property values, supply of
light or air, and may even decrease the risk to public safety_
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission
acting as the Board of Adjustment and Appeals llpproves the variance request of Timothy White,
to allow a sidewalk within the two-foot sideyard setback at 5249 Greenfield Avenue.
Adopted this 16th day of September, 1998
e~
Jerry Pe erson, Chairman
ATTEST
~t<; J~
Community Development Director
SEAL
N :IDA TA IGROt JI'SICOMDE VIDE VCASESI533-9ll15 56-98A. RES