HomeMy WebLinkAboutPlanning Commission Resolution 563-98
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 563-98
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A VARIANCE TO PERMIT A ZERO-FOOT
DRIVEWAY SETBACK AT 2236 HILLVIEW ROAD AS REQUESTED BY
BLACKTOP PAVING OF MINNESOTA;
PLANNING CASE NO. 539-98
WHEREAS, the Mounds View Planning Commission has reviewed the request of the
applicant, Blacktop Paving of Minnesota, representing Ted Jarvis, property owner of2236
Hillview Road; and,
WHEREAS, this property is zoned R-l, Single Family Residential District and is legally
described as:
Lot 8, Block 6, Pillewood Terrace No.3,
Ramsey Omnty, ..\'tilte ofMinnesotll
WHEREAS, the Planning Commission has reviewed the following documents associated
with this request:
I. Development Application, dated III L 0/98
2. Zoning Map
3. Location Map
4. Public Hearing Notice
5 Job Estimate, dated 5/5/98
6. Letter to Property Owner, dated 8/18/98
7. Building Permit Application, dated 8/19/98
8. Lctter from Contractor to Rick Jarson, dated 8/19/98
9. Letter to Contractor, dated 10/22/98
10 Driveway Encroachment Agreement, dated 11/l5/98
1]. Planning Commission Resolution No. 563-98
WHEREAS, the applicant has requested a variance from the City Code to allow for a
zero-foot driveway setback; and,
WHEREAS, the driveway expansion for which the variance has been requested has
already been completed; and,
WHEREAS, Blacktop Paving of Minnesota, the contractor that performed the work,
failed to obtain a building permit prior to the driveway installation; and,
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Planning Commission Resolution 563-l)g
Rlacktop Paving of Minnesota Variance Request
Dceember 2, 1998
Page 2
WHEREAS, there are no extraordinary or exceptional circumstances that apply to this
property that would justify the granting of this variance request; and,
WHEREAS, the literal interpretation of the provisions of the City Code does not deprive
the applicants of rights commonly enjoyed by other properties in the same district; and
WHEREAS, the conditions which necessitate the variance request have been caused by
the applicant in thaI the applicant failed to obtain a building permit for the work performed; and
WHEREAS, granting this variance requested l-l/iIl confer on the applicants a special
privilege that is denied by this Title to owners of other lands, structures or buildings in the same
district ill that driveways are required to maintain a minimum one-foot setback from adjoining
properties.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission
acting as the Board of Adjustment and Appeals, (1) dellies the variance request of Blacktop
Paving of Minnesota, representing Ted Jarvis, property Owner of2236 Hillview Road, and (2)
requires that Blacktop Paving of Minnesota remove a one-foot's width of pavement to bring the
driveway into compliance with the City Code, restoring the ground to its previous condition.
Adopted this 2nd Day of December, 1998
Jerryb~
ATTEST
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Rick Jopke, Co munity Development Director
(SEAL)
1\ :'DA T A\GP Ol'PSCOI\I DE V\I)E ve AS ES\539-9R\ VARIANCE. RES