HomeMy WebLinkAboutPlanning Commission Resolution 709-02
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 709-02
CITY OF MOUNDS VIE\V
COUNTY OF RAMSEY
STA TE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LOT AREA
REQUIREMENT OF 22,500 SQUARE FEET FOR AN AUTO REPAIR FACILITY
LOCATED AT 2135 PROGRAM A VENUE; PLANNING CASE VR02-009
WHEREAS, The applicant, Jason Studer, has applied for a variancc from the minimum
lot area requiremcnt for auto repair in a B-3 (Highway Business) zoning district on the property
locatcd at 2135 Program Avenue: and,
WHEREAS, 2 I 35 Program Avenue is zoned B-3, Highway Business, and is legally
described as follows:
Progralllmed Land First I\ddilion
Block :l, Lot :l
Ralllsey County, Minnesota
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Planning Application
") Location Map
3. Site Plan
4. Letter from Applicant
5. Resume or Applicant
6. Staff Report
WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to
propcrty owners when the strict enforcement of the zoning code requirements imposes a hardship
thereby restricting the improvcment of property due to practical difficultics brought about by
unique or extraordinary features of the physical property that are beyond the property owner's
control: and,
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Rcsolution 709-02
September 18, 2002
Page 2
WHEREAS, a public hearing was held Wednesday, Scptember 18, 2002, with regard to
this variance request; and,
WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View
Yiunicipal 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 thc Zoning Code.
NOW, THEREFORE, BE IT RESOLVED, the Mounds Vicw Planning Commission
hereby makes the following findings of fact related to this request:
J. The subject property is ilTegularly shaped and is bordered by public right-of-way on three
(3) sides.
') The literal interpretation of the provisions of the Zoning Code would deprivc the
applicant of rights commonly enjoyed by other property owners in the B-3, Highway
Business 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 responsiblc for the conditions or circumstances that necessitate the
approval of the variance.
4. Granting the variance would not confer upon thc property owner a special privilege
dcnied to others in the same district due to the unique nature of the existing conditions
present on the site.
5. A variance of 2,419 square feet is the minimum amount that would alleviate the
applicant's hardship.
6. The reduced sctback 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.
NO\V. THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its rcview of the documentation, testimony presented at the public
hearing, and the identified findings of fact, does hereby approve the request for a variance of
2,419 squarc feet from the minimum lot area requiremcnt for auto repair facilities in a B-3 zoning
district on the property located at 2135 Program A venue, contingcnt upon the following:
1. The applicant shall atnnge to have recorded with Ramsey County this resolution of
approval and provide proof of such recordation to the City within 60 days of the clatc of
approval, or this variance shall be rendered null and void.
A conditional use permit must be granted to allow an auto repair facility on the subject
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Resolution 709-02
September 18, 2002
Page 3
property. If a conditional use permit is not granted within 60 days of approval of the
variance. the variance shall be rendered null and void.
Adopted this 18th day of September, 2002.
ATTEST:
(SEAL!
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Gary Stevenson, G ~lq,e~son ~
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Jim Ericson. Community Development Director