HomeMy WebLinkAboutPlanning Commission Resolution 716-02
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 716-02
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FOR A DRIVEWAY TO BE LOCATED UP
TO THE PROPERTY LINE AT 2256 LOIS DRIVE; PLANNING CASE VR02-012.
WHEREAS, The applicant and property owner, Steve Paparella, has applied for a
variance from the sideyard setback requirement to allow for a driveway constructed up to the east
property line at 2256 Lois Drive; and,
WHEREAS, 2256 Lois Drive is zoned R-l Single Family Residential, and is legally
described as follows:
Lot 9, Block 18, Pinel-rood Terrace No.5;
Ramsey County. Alinnesola
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Planning Application
2. Zoning Map
3. Location Map
4. Site Plan
5. Letter from Applicant
6. LeUers to Contractor
7. Staff Report
WHEREAS, a public hearing was held on Wednesday, November 20,2002, with regard
to this variance request; and,
WHEREAS, Subdivision 4c(1 )(a) of Section 1104.01 of the Mounds View Zoning Code
requires that driveways be set back from a property line by five feet unless the adjacent property
owner consents to something closer, however even with such consent, driveways shall maintain a
minimum one-foot setback; and,
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Resolution 716-02
December 4,2002
Page 2
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, 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 foJlowing findings offact related to this request:
1. Exceptional or extraordinary circumstances DO apply to this property in that the driveway
has existed in its present location for more than 30 years and Mr, Paparella has been the
property owner for just the last year.
1. The literal interpretation of the Code WOlffJ) deprive Mr. Paparella of rights currently
enjoyed by others in his neighborhood.
3. Mr. Paparella did NOT cause the special condition or circumstance.
4. Granting a variance to allow the driveway to remain at the property line would NOTbe
conferring on to Mr. Paparella any special privilege.
5, The zero-foot setback variance IS the minimum setback required to alleviate the hardship,
6. The variance would NOTbe materially detrimental to the purposes of the Zoning Code or
to any property in the Single-Family residential zoning district.
7. The reduced 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.
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 request for a variance to
allow for a zero-foot driveway setback at the property located at 2256 Lois Drive, contingent
upon the following:
1. The applicant shall arrange to have this Resolution recorded with Ramsey County 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.
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Resolution 716-02
December 4, 2002
Page 3
Adopted this 4th day of December, 2002.
ATTEST:
(SEAL) ,
Motion:
Second:
Stcvenson:
Miller:
Johnson:
Hegland:
Scotch:
Song:
Z Wllll:
Miller
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Yes
Yes
Yes
Yes
^bsent
Yes
Yes
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Jim Ericson, Community Development Director
;-.J:\DATAIGROUPS\COMDEVDevclopmcnl Cases\VR02-012 (SIeve Paparclla)\Resolution 716-02.doc