HomeMy WebLinkAbout744-03
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l\'lOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 744-03
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
ST A TE OF MINNESOTA
RESOLUTION DENYING A VARIANCE FROM THE MAXIMUM CURB CUT WIDTH
REQUIREMENT TO ALLOW A PREVIOUSLY CONSTRUCTED DRIVEWAY
ADDITION TO REMAIN; PLANNING CASE NO. VR03-012
WHEREAS, Jim Thompson has applied for a variance from the maximum curb cut
width requirement to allow a previously constructed driveway addition to remain on the property
located at 2817 Lap0l1 Drive; and,
\VHEREAS, the subject parcel is legally described as follows:
Eigenheer 4th Addition
Lot 3, Block 1
Ramsey Coun(v, State of ~Minl1esota
\VHEREAS, the parcel is zoned R-l, Single Family Residential; and,
WHEREAS, the maximum curb cut width allowed in R-1 zoning districts is 24 feet; and,
WHEREAS, the applicant has constructed a driveway addition without a permit that
increased the curb cut width to 32 feet; and,
WHEREAS, the Planning Commission has reviewed the following documents regarding
this proposal:
1. Application
2. Zoning Map
3. Location Map
4. Site Plan
5. Staff Report
WHEREAS, the Planning Commission held a public hearing regarding this request on
December 3,2003; and,
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Resolution 744-03
Page 2
'VHEREAS, 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\\'hich all
must be satisfied, in order to grant a variance to the Zoning Code.
NO'V, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
hereby makes the following findings of fact related to the hardship criteria identified in Section
1125.02 of the Mounds View Zoning Code:
1. The property is zoned R-l, Single Family Residential.
2. The maximum curb cut width allowed in R-l zoning districts is 24 feet.
3. A drive\vay addition has been constructed on the property, which increased the
curb cut width to 32 feet.
4.
The property is regularly shaped and is neither exceptional nor extraordinary
given the number of properties within the City that are zoned R-l.
5. The literal interpretation of the Code would NOT deprive the applicant of rights
commonly enjoyed by other properties in the same district in that the property is
not unique compared to other properties in the same zoning district.
6. Granting a variance in this case WOULD confer a special privilege not enjoyed
by other property owners in that there does not appear to be a sufficient hardship
to wan-ant approval of the variance.
7. The variance WOULD be materially detrimental to the purpose of this Title in
that there does not appear to be a sufficient hardship to wan-ant approval of the
varIance.
8. The hardship criteria as identified in Section 1125.02 have NOT been satisfied.
NO'V, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review ofthe hardship criteria, testimony presented at the public
hearing and the identified findings of fact, does hereby deny the variance request for a driveway
expansion on the property located at 2817 Laport Drive.
NO\V, THEREFORE, BE IT FINALLY RESOLVED by the Planning Commission
that the applicant shall be notified of the right to appeal this denial to the City Council. The
appeal shall be submitted in writing within 10 business days of the adoption of this Resolution.
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Resolution 744-03
Page 3
Adopted this 3rd day of December, 2003.
Attest:
(Seal)
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Je'an Miller, Acting Chairperson
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James Ericson, Community Development Director