HomeMy WebLinkAbout738-03
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 738-03
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A FOUR-FOOT VARIANCE TO ALLOW A SIX-FOOT
ROOF EXTENSION INTO THE FRONT-YARD SETBACK AT 2434 HILLVIEW ROAD;
PLANNING CASE NO. VR03-008
WHEREAS, the applicants, Rebecca and Lance Baneville, have applied for a four-
foot variance to allow a six-foot roof extension encroaching into the front-yard setback at
2434 Hillview 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, Section 1104.01, Subd. 5a of the Zoning Code lists features such as
awnings, eves, gutters and cornices which are allowed to encroach within the required
setbacks, so long as said features do not project more than two feet into a yard; and,
WHEREAS, the applicants have requested a variance to construct a six-foot roof
extension to cover a deck off the front of their home; and,
WHEREAS, the applicants have applied for a building permitforthe expansion; 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.
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NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
makes the following finding of facts related to this request:
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1. The exceptional or extraordinary conditions relating to the variance request is
that the subject property is substandard in size which causes limitations as to
how the property can be improved.
2. The literal interpretation of the Zoning Code would restrict the property
owner's ability to expand and improve upon the layout and functionality of the
home.
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.
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 four-foot variance request to allow a six-foot roof extension to cover the
deck attached to the front of the applicant's home at 2434 Hillview Road, subject to the
following restriction:
1. The applicants or any successor owners of the subject property shall not
enclose the deck or otherwise construct an enclosure where the deck is
currently located. This variance approves ONLY the roof extension.
Adopted this 17th day of September, 2003.
ATTEST:
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James Ericson
Community Development Director
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(SEAL)