HomeMy WebLinkAboutPlanning Commission Resolution 678-01
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 678-01
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
R.ESOLUTION DENYING A VARIANCE FOR REDUCED LOT WIDTHS WITHIN A
WETLAND ZONING DISTRICT; PLANNING CASE NO. VR01-010
WHEREAS, Keith Harstad has applied for a variance to allow for reduced lot widths
within a wetland zoning district on ten of eleven proposed lots in the Longview Estates major
subdivision south of County Road H2 and east of Silver Lake Road; and,
WHEREAS, the subject parcel is legally described as follows:
Lot 4, Block 1, Mueller Addition
Ramsey COllnty. State q/,Millnesota
WHEREAS, the parcel is zoned R-I, Single Family Residential and the adopted
Comprehensive Plan designates the parcel for low-density residential development; and,
WHEREAS, the proposed lots are within a Wetland Zoning District; and,
WHEREAS, the minimum lot width for single-family residential lots within a wetland
zoning district is 125 feet; and,
WHEREAS, the applicant is proposing six lots of IOO-foot widths, one 95-foot wide lot,
one 90-foot wide lot and two 80-foot wide lots; and,
WHEREAS, the Planning Commission has reviewed the following documents regarding
this proposal:
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Zoning Map
Proposcd Subdivision Plan, date stamped Scpt 21, 2001
Rice Crcek Watershed District Rcport
Staff Rcport
R.esolution 678-01
Page 2
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WHEREAS, the Planning Commission held a public hearing and received resident input
regarding this request on October 17, 200 I; and,
\VHEREAS, 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,
\VHEREAS, according to Section 1 ]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_
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
hereby makes the following findings offact related to the hardship criteria identified in Section
1125_02 of the Mounds View Zoning Code:
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The proposed lots are located within a wetland zoning district.
While the proposed lots comply with the subdivision requirements of Chapter 1202,
the lots DO NOT comply with the requirements of Chapter 1010 which regulate
subdivisions within a wetland zoning district.
The minimum lot width for within a wetland zoning district is 125 feet.
Thc parcel is substantially covercd by delineated wetlands which is neither exceptional
nor cxtraordinary given the number of wetlands within the City.
5_ The literal interpretation of the Codc would NOT deprive Mr, Harstad of rights
commonly enjoyed by othcr properties in the same district in that the parcel could
support a subdivision of up to eight parcels which complics with all subdivision
requirements_
6_ Granting a variance in this case WOULD confcr a special privilege not enjoyed by
other property owners in that there does not appear to be a sufficient hardship to
warrant approval of the variancc_
7. The variance requested is NOT the minimum variance which would alleviate the
hardship in that a tcn-Iot subdivision would appear to be the minimum variance to
satisfy the perceived hardship based upon the number of utility stubs already installed.
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The variance WOULD be materially detrimental to the purpose of this Title in that the
sole purpose of the requirements is preserve natural wetlands, promote wildlife habitat
and to protect the integrity of the City's surface water management system.
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The hardship critcria as identified in Section] 125_02 have NOT been satisfied_
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Resolution 678-0 I
Page 3
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review of the hardship criteria, testimony presented at the public
hearing and the identified findings of fact, does hereby deny the variance request for ten reduced
width lots associated with the proposed Longview Estates major subdivision
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Adopted this 11h day of November, 2001.
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Attest:
(Seal)
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Gary Stevenson, Cnairperson
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J ames Ericson, Community Development Director
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