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HomeMy WebLinkAbout743-03 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 743-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A SIX-INCH VARIANCE TO ALLOW A SECOND STORY ADDITION TO ENCROACH INTO THE SIDE-YARD SETBACK AT 8471 FAIRCHILD AVENUE; PLANNING CASE NO. VR03-011 WHEREAS, the applicant, David Przetycki, has applied for a variance to allow a second story garage addition to encroach six inches into the side-yard setback at 8471 Fairchild Avenue; and, WHEREAS, the subject property is legally described as follows: Lot 3, Block 1, Cedar Bay Estates, Ramsey County, Minnesota WHEREAS, Section 1104.02 of the Mounds View Zonin!J Code indicates that the minimum side setback for a principal building is 10 feet; and, WHEREAS, the applicant has requested a six inch variance to construct an addition above the garage; and, WHEREAS, the applicant has applied for a building permit for the 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; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map c. Location Map d. Photographic documentation e. Staff Report WHEREAS, the Planning Commission held a duly noticed public hearing regarding the variance request on Wednesday, November 19, 2003. . . . 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 that the home was initially constructed crooked on the lot, 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 variance request to allow an addition to encroach six inches into the side setback of the applicant's property at 8471 Fairchild Avenue, subject to the following restriction: 1. This variance applies only to the portion of the home on the north side of the lot that currently exists nine feet six inches from the side lot line. Adopted this 19th day of November, 2003. G~~~~ ATTEST: J(NVV-./-A ~ James Ericson Community Development Director (SEAL)