HomeMy WebLinkAbout722-03
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 722-03
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT SETBACK
FOR A SINGLE-FAMILY DWELLING AT 7741 LONG LAKE ROAD;
PLANNING CASE NO. VR03-002
WHEREAS, the applicant, Hamilton Creek, has applied for a variance from the
minimum front setback for a single-family dwelling under construction at 7741 Long
Lake Road; and,
WHEREAS, Section 1104.02 of the Mounds View Zoning Code indicates that the
minimum front setback for a principal building is 30 feet unless the prevailing setback
for existing structures exceeds 30 feet, in which case the prevailing set back IS the
minimum setback; and,
WHEREAS, the structure under construction, set back 30.3 feet from the front
property line, is located within the "prevailing" set back on this block, which is 41 feet;
and,
WHEREAS, the applicant was issued a building permit for the structure on
January 27, 2003 based on a survey indicating a 30.3-foot front set back; and,
WHEREAS, upon discovery of its error, the City issued a "Stop Work" order on
the construction prompting the applicant to request a variance; 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 makes the following finding of facts related to this request:
1. The exceptional or extraordinary conditions relating to the variance request is
simply the City erred in its issuance of a building permit and did not discover
the error until work had substantially begun on the structure.
2. The literal interpretation of the Zoning Code, in conjunction with the City's
error, does deny the applicant rights commonly enjoyed by other recipients of
building permits.
3. The applicant has not caused the condition which prompted the variance
request.
4. Granting the variance would not confer upon the applicant a special privilege.
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Resolution 722-03
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5. The variance requested is the minimum variance which would alleviate the
hardship.
6. The variance would not be materially detrimental to the purpose of this Title
or to other property in the same zone.
7. The variance would not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or
increase the danger of fire or endanger the public safety or substantially
diminish or impair property values within the neighborhood.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View
Planning Commission, based upon the above identified finding of facts, does hereby
approve the variance requested for a 30.3-foot front setback for the structure under
construction at 7741 Long Lake Road, subject to the following requirements:
1. The applicant shall take whatever action necessary to bring the garage area into
compliance with the Zoning Codes within one year.
2. If the structure is ever damaged or destroyed beyond repair, reconstruction shall
occur at the original prevailing setback of 41 feet.
Adopted this 2nd day of April 2003.
Gary Stevenso
ATTEST:
J C_1'1'U~ tA~~
James Ericson
Community Development Director
(SEAL)