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HomeMy WebLinkAbout727-03 . . . -, I MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 727-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A ONE-FOOT SETBACK FOR A GARAGE AT 7375 PLEASANT VIEW DRIVE; VR03-003 WHEREAS, The applicants Jens and Blair Loder applied for a variance from the sideyard setback requirement to allow for a garage constructed one foot from the property line at 7375 Pleasant View Drive; and, WHEREAS, 7375 Pleasant View Drive is zoned R-1 Single Family Residential, and is legally described as follows: North ~ of Lot 69, Spring Lake Park Knolls Addition County of Ramsey, State of 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. Site Plan 5. Letter from Applicant 6. Photographic Documentation 7. Staff Report WHEREAS, a public hearing was held on Wednesday, May 21,2003, with regard to this variance request; and, WHEREAS, the Mounds View Zoning Code requires that garages and accessory buildings be setback five feet or more from side and rear lot lines; and, 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. . . . .. "~esolution 727-03 \ Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. Exceptional or extraordinary circumstances DO apply to this property in that the lot is only 66 feet wide, the existing garage is at the same requested setback, and mature trees in the backyard limit options for siting of a new garage. 2. The configuration of the lot and the location of the house create circumstances whereby literal interpretations WOULD deprive the applicants of rights in that the setback requirements are based on a minimum 75-foot wide lot. 3. The applicants did NOT cause the special condition or circumstance. 4. Granting a variance to allow the garage to be reconstructed one-foot off the property line would NOT confer on to the applicants any special privilege. 5. The one-foot setback variance IS the minimum setback required to alleviate the hardship. 6. The variance would NOT be 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 of light 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 one-foot garage setback at 7375 Pleasant View Drive, contingent upon the following: 1. The applicant shall arrange to have the property surveyed to determine without question the location of the lot line and the setback of the garage prior to issuance of the building permit. Adopted this 21 st day of May, 2003. ""ti ;' .5=~~~=" "'_~~ "~" L./ L- // " /t,'v.c:~ ..-",' ~' ), Gary Steveryron, Chairperson A TrEST: \j CL,1VUL) t.RNVJ-Gltv James Ericson Interim City Administrator (SEAL)