Loading...
HomeMy WebLinkAboutPlanning Commission Resolution 561-98 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 561-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A FIVE-FOOT FRONT YARD PARKING LOT SETBACK FOR DONATELLES SUPPER CLUB, LOCATED AT 2400 HIGHWAY 10; PLANNING CASE NO. 538-98 WHEREAS, the Mounds View Planning Commission has reviewed the request of George Marvin, owner of Donatelles Restaurant, represented by Wendell Smith, to allow for a reduction in the parking lot setback for the restaurant located at 2400 Highway 10; and, WHEREAS, this property is zoned B-3, Highway Business District and is legally described as follows: Tract A. That part of the Southeast quarter of the northwcst quarter of Section 8, Township 30 North, Rangc 23 West, Ramsey County, Minnesota: which lies northerly of a line run parallel with and distant 33 feet northerly of the east and west quarter line of said Section 8, southwesterly of a line nUl parallcl with and distant 75 feet southwesterly of Line 1 described below and westerly of Line 3 described below: Line 1. Beginning at a point on the east and west quarter line of said Section 8, distant 848.5 feet west of the center thereof, thencc nm northwcsterly at an angle of 40 degrees 07 minutes 00 seconds from said cast and west quarter line (mcasured from west to north) for 400 fect and thcre tcnninating: Line 3. Beginning at a point or a line run parallel with and distant 75 feet southwesterly of Line I described above, distant 75 feet northwcstcrly of its intersection with a line nm parallel with and distant 33 fect northerly ofthc east and west quartcr linc of said Section 8; thence run southwesterly to a point on said 33 feet parallel line, distant 65 feet wcsterly of said intersection and there terminating. WHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Plarming Application 2. Location Map 3. Zoning Map 4. Site Plan, dated 10/2l/98 WHEREAS, the parking lot for which this variance is requested was constructed in 1966 or thereabouts and conformed to City Code requirements at the time; and, . . . Planning Commission Rcsolution 561-98 Donatelles Variance November 18, 1998 Page 2 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 Donatelles property is a small, unusual pie- shaped lot at the intersection of two major roadways through the City. Being less than an acre in area, the lot without question creates practical difficulties which the present owners did not create; 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 enforcement of the thirty-foot parking lot setback onto the Donatelles property after thirty years of operation in its present state would potentially deprive the property of as many as 50 parking stalls, a reduction that would effectively prohibit the restaurant from operating at that location; and, WHEREAS, special conditions or circumstances do not result from the actions of the applicant in that the applicant is only seeking to improve the appearance and functionality of the parking lot and to lessen the extent of the nonconformity--the applicant did not create the conditions which necessitate the approval of a variance; and, WHEREAS, granting the variance requested would 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 that Donatelles Supper Club was one of the first businesses located in the City of Mounds View, a fixture that has continued to do business through four decades to the present. Granting a variance in this situation would not confer upon the applicant a special privilege, in that any property owner in a similar circumstance would be given the same consideration; and, WHEREAS, the variance requested is the minimum variance which would alleviate the hardship, in that the intent of the request is to lessen the extent of the existing nonconformity and to improve the overall appearance of the property; 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 the Zoning Code was not drafted with the intent to prevent a legally conforming business from improving its operation. Granting the requested variance would serve to legitimize a dimensional nonconformity which has been in existence for thirty years; and, WHEREAS, the variance woulll not impair an adequate supply ofIight 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 granting this variance will improve the flow of traffic in and around the site and will be a benefit to public safety by closing the Highway 10 access from the Donatelles property. No property values will be diminished or impaired as a result of the Donatelles improvements. . . . Planning Commission Resolution 561-98 Donatelles Variance November 18, 1998 Page 3 NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission acting as the Board of Adjustment and Appeals i1pprol'es the variance request of George Marvin, represented by Wendell Smith, to allow a five-foot setback for the existing parking lot located at 2400 Highway 10 Adopted this 18th day of November, 1998 Je~~~ ATTEST ~. .1 .~ .. j iC: JOPke~pment Director SEAL N:\D.-I. T.Y(;ROl 'i'.'N:O\IDE\",J)EVC,\SES'53l<-98'561-nA RES