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Home My WebLink About741-03 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 741-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A 40-FOOT WilDE GARAGE AND RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR AN EXPANDED 1,110 SQUARE-FOOT GARAGE AT 7850 SPRING LAKE ROAD; PLANNING CASE NOs. CU03-003 & VR03-00'9 WHEREAS, property owners Joel and Linda Whitbeck have applied for a variance and a conditional use permit to expand their existing 720 square foot garage by an additional 390 square feet for a finished total of 1,110 square feet; and, WHEREAS, the Whitbeck property, located at 7850 Spring L.ake Road, is zoned R-1, Single Family residential, and is legally described as follows: The South 451.21 Feet of Lot 23, Auditors Subdivision No. 89, except the East 137.0 Feet of the South 339.21 thereof; Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the Mounds View Zoning Code restricts the width of oversized garages to 35 feet or less; and, WHEREAS, the proposed expanded garage would be 1,110 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the proposed garage would be 40 feet in width, five feet beyond that which is allowed for an oversized garage, necessitating application of a variance; and, Resolution 741-03 Page 2 . WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map c. Proposed Site Plan d. Location Map e. Photographic documentation f. Staff Report WHEREAS, the Planning Commission held a duly noticed public hearing regarding the variance and conditional use permit requests on Wednesday, October 15, 2003. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. Other than the width, the proposed oversized 1,110 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. . 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general; and, 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved and the size of the subject property which is able to accommodate such a structure; and, ' 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need E!xists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the variance request: 1. Relating to exceptional circumstances, the applicants have sufficient room for the expansion however are limited by the Code to adding only five feet because the existing garage is already 30 feet wide-the minimum needed for a new garage stall is ten feet. . 2. The intent of the width limitation is to minimize the visual impact of a garage-in this case, the expanded garage would satisfy the spiriit and intent of the requirement, thus the literal interpretation creates an unnecessary hardship. Resolution 741-03 Page 3 . 3. The special circumstances or conditions do not result from the applicants in that the Whitbecks are simply attempting to compensate for their home's lack of a basement by adding onto the garage. In addition, the Whitbecks drafted the garage expansion plans so as to preserve a mature Oak tree behind the garage. 4. Granting the variance would not confer upon the applicants any special privilege in that the variance would not be required were it not for the secondary addition which does not increase the garage width. The Whitbecks' situation is unique in this regard. 5. The requested five-foot variance is the minimum amount necessary to alleviate the Whitbecks' hardship. Economic conditions do not enter into the need for a variance in this case. 6. The variance requested would not be materially detrimental to the purpose of the Code or to other properties in the vicinity. As stated above, the spirit and intent of the Code is preserved and the garage expansion should not impact adjoining property owners in any way. . 7. Granting the variance would not impair an adequate supply of light and air to adjacent properties, would not increase the congestion of thE! public streets, would not increase the danger of fire or endanger the public safety and would not diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission unconditionally approves the requested variance for a 40-foot wide garage and recommends approval of the conditional use permit for the 1,110 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was grantl3d; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing garage. BE IT FURTHER FiNALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopt2d this 15th day of October, 2003. , Chairperson ~~ ~v~ . ATTEST: James Ericson, Community Dev. Director {SEAL)