Loading...
HomeMy WebLinkAboutPlanning Commission Resolution 579-99 . . . ... PLANNING COMMISSION RESOLUTION NO. 579-99 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FROM SECTION 1104.01, SURD. 3, OF THE MOUNDS VIEW ZONING CODE PERTAiNING TO SETBACKS, TO ALLOW FOR A REDUCED SIDE-YARD SETBACK FOR A LIVING SPACE EXPANSION AT 7386 PARKVIEW TERRACE; MOUNDS VIEW PLANNING CASE NO. 553-99 WHEREAS, Mike and Sandy Leon have applied for a variance to allow for a living space expansion five feet from the north side property line at 7386 Parkview Terrace, property zoned R- 1, Single Family Residential, legally described as follows' Lot ](), Block 1, Si/J'er Lake Woods Second Addition Ramsey County, ~linnesota WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: i. Planning Application 2. Zoning Map 3. Surveyor's Certificatc 4. Proposed Expansion Plan 5. Proposed Expansion Elevation 6. Letter from the Contractor, datcd 4/23/99 7. Letter from Ken & Anne Stagg, 7390 Parkview Dr., dated 4/21199 WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, . . . Planning Commission Resolution 579-99 Leon Variance June 2, 1999 Page 2 WHEREAS, a public hearing was held Wednesday, May 19, 1999 with regard to this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient hardship with regard to the property located at 7386 Parkview Terrace to warrant the approval of a variance to Mike and Sandy Leon for the construction of a 120 square-foot living space addition five feet from the property line, and makes the following findings of fact related to its decision: 1. Exceptional or extraordinary circumstances apply to 7386 Parkview Terrace which do not apply generally to other properties in the same zone or vicinity in that the property is a substandard lot--its area comprises only 9,150 square feet, a condition the current owners had no part in or control over. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title in that porches and other living space additions are common features in this district and serve as a physical improvement to properties. Other propel1ies in this district typically are able to make these types of improvements without the need for variances. However, because the subject property is substandard, it would be unreasonable to assume that the same size house could be built and expanded upon without a comparable reduction in the setback requirements. 3. The variance request is the result of two factors over which the applicants had no control. The house was constructed on the substandard lot in such a way that wasted five feet of buildable space alongside the garage. The side-yard setback for garages attached to principal structures is five feet, yet the garage is set back ten feet. Had the house been constructed so as to take advantage of this additional five feet alongside the garage, a variance would not have been necessary as there would have been adequate room to allow for a living space addition on the north side of the property. The other factor contributing to a need for a variance is that the internal configuration of the home is atypical in that the floor plan allows for a living space ad~'itiOn only off the north side of the house. There is only bedroom space off the rear of th home, the most logical place for these types of additions. / . . . Planning Commission Resolution 579-99 Leon Variance June 2, 1999 Page 3 4. Granting a variance to allow a three-season porch or other type ofliving space addition would not be a special privilege--most properties in this district either have similar types of additions or have the space to construct such additions. 5. The variance requested is the minimum variance which would alleviate the hardship in that the property owners wish to replace an existing deck with the enclosed living space addition. If the addition were to be constructed observing the proper setbacks, it would only be seven feet deep--not enough room for a table and chairs. The five foot variance is the minimum variance that would alleviate the hardship. 6. The purpose of the variance provision in the Code is to give relief to property owners seeking to improve their properties yet are unable to do so because of zoning code requirements and factors beyond their control. Granting this variance for a living space addition would not be materially detrimental to the purpose of this Title or to other property in the same zone. 7. A living space addition of such a limited size ( 120 square feet) at the reduced side yard setback would not impair a supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. Adopted this 2nd day of June, 1999. ~.'?~ Jerry Peters , ChaIrperson ATTEST: rL----- Rick (SEAL ) N ;'DATA\f;Rot :I'S\CO;\IDE VDE \'C,\SES\5 53-99\579-99I'C, R ES