HomeMy WebLinkAboutPlanning Commission Resolution 654-01
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 654-01
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW FOR AN EIGHT-FOOT
SETBACK FOR A LIVING-SPACE ADDITION AT 5148 RAINBOW LANE;
MOUNDS VIEW PLANNING CASE VR01-003
WHEREAS, The applicant, Charles Harsch, has applied for a variance to allow for an
eight-foot, side yard setback for a proposed 660 square-foot living space addition over the
existing garage on his property located at 5148 Rainbow Lane; and,
WHEREAS, 5148 Rainbow Lane is zoned R-l, Single Family Residential, and is legally
described as follows:
Lot 7, Block .f-. Red Oak Es.tates
Ramsey County, Minnesota
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Planning Application
2_ Zoning Map
3, Location Map
4. Photographic Docwnentation
5 _ 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,
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Resolution 654-01
May 2, 2001
Page 2
WHEREAS, a public hearing was held Wednesday, May 2,2001, 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 existence of tall, mature oak trees, the location of an existing back yard deck and the
setback of the home pose unavoidable and practical difficulties which effectively prohibit
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-I, 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 variance is requested due to the presence of mature oak trees, the existing deck, the
building setback and the internal floor plan of the house, factors over which the applicant
has had no control.
4, Granting a variance to allow for the eight-foot side yard setback would allow the applicant
to expand living space without increasing the footprint of the home resulting in a more
efficient utilization of living space and property.
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 eight-foot setback is the minimum variance that would alleviate the applicant's
hardship_
7, The construction of a second-story living space addition above the existing garage would
not be materially detrimental to the purpose of the Zoning Code or to other property in
the R-l, Single-Family Residential zoning district.
8 An eight-foot 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.
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Resolution 654-01
May 2, 2001
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 offact, does hereby approve the variance request for an eight-
foot side yard setback for a proposed second-story living space addition constructed over the
existing garage at 5148 Rainbow Lane, 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 Stevenson"Chairperson
ATTEST:
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Jim Ericson, Community Development Director
(SEAL)
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