HomeMy WebLinkAboutPlanning Commission Resolution 653-01
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 653-01
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SEVEN-FOOT
SETBACK FOR A LIVING-SPACE ADDITION AT 5455 ADAMS STREET;
MOUNDS VIEW PLANNING CASE VR01-002
WHEREAS, The applicant, Dan Gondek, has applied for a variance to allow for a seven-
foot, side yard setback for a proposed 288 square-foot living space addition attached to the north
side of his home located at 5455 Adams Street; and,
WHEREAS, 5455 Adams Street is zoned R-l, Single Family Residential, and is legally
described as follows:
H'xcept south 25jeef, f,of 4, Block 3. Spring Lake Park Highlands,
Ramsey County. Minnesota
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
J _ Planning Application
2. Zoning Map
3. Location Map
4. Sitc Plan
5. Staff Rcport
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,
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Resolution 653-0 I
May 2, 2001
Page 2
WHEREAS, a public hearing was held Wednesday, April 18, 200 I, 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
hereby makes the following findings of fact related to this request:
1, The internal t100r plan of the home, a preexisting expansion off the back and the setback
of the home pose unavoidable and practical difficulties which effectively prohibit further
expansion without a variance_
2_ The literal interpretation of the provisions of the Zoning Code would deprive the applicant
of rights commonly enjoyed by other property owners in the R-l, Single-Family residential
zoning district in that property improvements are encouraged and that variances to the
requirements are often justified when practical difficulties present a hardship as they do in
this situation.
3 _ The applicant is not responsible for the conditions or circumstances that necessitate the
approval of the variance,
4. The Planning Commission has in the past granted variances for living space additions that
encroach into the setback when hardship or practical difficulties prohibit expansion that
complies with the City Code.
5. Granting the variance would not confer upon the property owner a special privilege denied
to others in the same district due to the unique nature of the existing conditions present on
the site.
6, The seven-foot setback is the minimum variance that would alleviate the applicant's
hardship,
7_ Staff would not consider the approval of the variance to be materially detrimental to the
purpose of the Zoning Code or to other property in the R-l Singie-Family district.
8. The seven-foot setback 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_
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Resolution 653-0 I
May 2, 200 I
Page 3
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review of the documentation, testimony presented at the public
hearing, and the identified findings of fact, does hereby approve the variance request for an seven-
foot side yard setback for the proposed living space addition on the north side of 545 5 Adams
Street, contingent upon the following:
1_ The applicant shall arrange 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.
2. The applicant shall obtain approval of a building permit for the expansion prior to any
work being accomplished.
Adopted this 2nd day of May, 2001.
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Gary S ~evenson/ (:hairperson
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ATTEST:
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Jim Ericson, Community Development Director
(SEAL)
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