HomeMy WebLinkAboutPlanning Commission Resolution 645-00
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 645-00
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A VARIANCE FROM CHAPTER 1104 OF THE ZONING
CODE PERTAINING TO ACCESSORY BUILDING SETBACKS,
REQUESTED BY JOHN WILSON, 7764 GREEWOOD DRIVE;
MOUNDS VIEW PLANNING CASE VROO-008.
WHEREAS, The applicant, John Wilson, has applied for a variance to allow for an
addition to his garage located adjacent to the north property line of his property located at 7764
Greenwood Drive; and,
WHEREAS, the City Code, in Section 1104_01, Subd_ 4a(]), states that accessory
buildings in a residential district shall be set back five feet from property lines; and,
WHEREAS, 7764 Greenwood Drive is zoned R-l, Single Family Residential, and is
legally described as follows:
The South 80 Feet ojLot .:/-5, Spring Lake Park Hillview
Ramsey County, Minnesota
WH EREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
I. Planning Application
2. Zoning Map
3. Letters to Resident
4. Staff Report
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, the Planning Commission held a public hearing regarding this request on
December 20, 2000; and,
WHEREAS, according to Section I ]25.02, 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.
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Resolution 645-00
Page 2
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 not satisfied and finds there to be inSl!fjicient hardship with regard to the
property located at 7764 Greenwood Drive, and makes the following findings offact related to its
decision:
1, There are no exceptional or extraordinary circumstances related to the property located at
7764 Greenwood Drive. The lot meets and exceeds all minimum zoning requirements, is
rectangular without any slope or any topographical deviations_
2_ The literal interpretation of the provisions of the Zoning Code would not deprive the
applicant of rights commonly enjoyed by other properties in the same district under the
terms of the Code_
3 - Without an evident hardship tied to the property itself, it would be inappropriate to grant a
variance to allow for an addition with no setback from the property line and would set a
precedent for other property owners.
4, Granting a variance to allow for an addition with no setback from the property line would
be materially detrimental to the purpose of the Zoning Code in that accessory buildings are
not allowed closer than five feet to a property line_
5, By building the structure without a building permit, the applicant has caused the conditions
which require approval of the variance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon the above findings, denies the variance request of John Wilson, 7764
Greenwood Drive, to allow for a garage addition with no setback from the property line_
NOW, THEREFORE, BE IT ADDITJONALLY RESOLVED, the Planning
Commission does hereby require that the garage addition be removed at the property owner's
expense within 30 days of the date of this denial.
Adopted this 20th day of December, 2000.
~'~;I R:t-",v~-~
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Jerry Peterson, C aIrperson
ATTEST:
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~CU\M LA R.W-bh'\.
James Ericson, Community Development Director
(SEAL)
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