HomeMy WebLinkAboutPlanning Commission Resolution 591-99
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PLANNING COMMISSION RESOLUTION NO. 591-99
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FROM SECTION 1104.01,
SUBD. 4, OF THE MOUNDS VIEW ZONING CODE PERTAINING TO SETBACKS TO
ALLOW FOR A REDUCED SIDEYARD SETBACK FOR GARAGES AT 2075 AND 2081
HILLVIEW ROAD; MOUNDS VIEW PLANNING CASE NO. 570-99
WHEREAS, Jeff Johnson of208l Hillview Road has applied for a variance to allow for a
one-foot sideyard setback for proposed garages at 2075 Hillview Road and 2081 Hillview Road;
and,
WHEREAS, 2075 Hillview Road (PIN # 05-30-23-41-0011) is property zoned R-3,
Medium Density Residential, legally described as follows:
The I-rest 103feet afthe east -11-1 feet of the north 160 feet of the south 193 feet
a/the northeast tjuarter of the southeast quarter o/Section 5. Township 30, Range 23
Ramsey County. Minnesota
WHEREAS, 2081 Hillview Road (PIN # 05-30-23-41-0005) is property zoned R-3,
Medium Density Residential, legally described as follows:
The west 103 feet of the east 517 feet of the north 160 feet of the south 193 feet
of the northeast quarter of the southeast quarter of Section 5, TO\\11ship 30, Range 23
Ramsey County, Minnesota
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
I. Planning Application
2. Zoning Map
3. Location Map
4. Proposed Site Plan
5. Staff Report
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Resolution 591-99
Johnson Variance
October 6, 1999
Page 2
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,
WHEREAS, a public hearing was held Wednesday, September 15, 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 properties
located at 2075 Hillview Road and 2081 Hillview Road to warrant the approval of a variance to
Jeff Johnson for the construction of garages one-foot from the common property line between the
two parcels, and makes the following findings offact related to its decision:
1. Exceptional or extraordinary circumstances apply to 2075 and 2081 Hillview Road which
do not apply generally to other properties in the same zone or vicinity in that the amount
of slope at the back of the property makes development prohibitively difficult.
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 multi-car garages are desired in this district and serve as a physical
improvement to properties
3. The variance request is the result offactors over which the applicant has had no control. In
addition to the topography, the buildings were constructed in such a way as to restrict the
available area that can be utilized for the location of garage structures.
4. Granting a variance to allow a one-foot sideyard setback would allow the applicant to
provide three garage stalls for each building where there are no garages currently
5. The Planning Commission finds that the requested one-foot setback is the minimum
variance that would alleviate the applicant's hardship.
6. The purpose of the variance provision in the Code is to give reliefto 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 reduced
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Resolution 591-99
Johnson Variance
October 6, 1999
Page 3
sideyard setback would not be materially detrimental to the purpose of this Title or to
other property in the same zone.
7. Two three-car garages located behind the four-plexes at 2075 and 2081 Hillview Road
would not impair a supply oflight or increase congestion, nor would it increase the danger
of fire or endanger the public safety or diminish property values.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission approves the variance request for a reduced sideyard setback for two garage
structures to be constructed one foot from the common property line between 2075 and 2081
Hillview Road, contingent upon:
1. The applicant submitting a revised survey-quality site plan showing the garages
with a one-foot sideyard setback, a fence connecting the front and back of the
garages, and all other pertinent dimensional and structural information.
2.
The applicant arranging to have recorded with Ramsey County this resolution of
approval and provide proof of such recordation to the City within 60 days of the
date of approval, or this variance shall be rendered null and void.
Adopted this 6th day of October, 1999
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Jerry Peterson, Chairperson
ATTEST:
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Rick Jopke, Commun ty Development Director
(SEAL)
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