The URL can be used to link to this page

Home My WebLink About746-03 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 746-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR AN EIGHT -FOOT SIDE-Y ARD SETBACK FOR A LIVING-SPACE ADDITION AT 5072 BRIGHTON LANE; MOUNDS VIE\V PLANNING CASE VR03-013 WHEREAS, the applicants, Mark and LeeAnn Loken, have applied for a variance to allow for an eight-foot, side-yard setback for a proposed 682 square-foot living space addition over the existing garage on their property located at 5072 Brighton Lane; and, 'VHEREAS, 5072 Brighton Lane is zoned R-l, Single Family Residential, and is legally described as follows: Lot 13. Block 4. Twelve Oaks 2"d Addition Ramsey County, Minnesota 'VHEREAS, the Mounds View Plam1ing Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Location Map 4. Photoh.'Taphic Documentation 5. StaffRepOli 'YI-IEREAS, 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, . . . Resolution 746-03 December 3, 2003 Page 2 WHEREAS, a public hearing was held Wednesday, December 3,2003, with regard to this variance request; and, WHERI~AS, 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. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is that the garage was constructed only eight (8) feet from the side property line, the front yard is sloped and mature trees and a deck currently exist in the rear yard, 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 variance is requested due to the building setback, the presence of mature trees, the existing deck and the grade change in the front yard, factors over which the applicants have had no control. 4. Granting a variance to allow for the eight-foot side yard setback would allow the applicants to expand living space without increasing the footprint of the home resulting in a more efficient utilization ofliving space and property. 5. Granting the variance would not confer upon the property owners a special privilege denied to others in the same district due to the unique nature of the existing conditions present on the site. 6. The two-foot variance is the minimum variance that would alleviate the applicants' hardship. 7. The construction of a second-story living space addition above the existing garage would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-l, Single-Family Residential zoning district. 8. An eight-foot setback would not impair the supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property val LIes. . . . Resolution 746-03 December 3, 2003 Page 3 NO'V, 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 variance request for an eight-foot side yard setback for a proposed second-story living space addition constructed over the existing gar::Jge at 5072 Brighton Lane, contingent upon the following: 1. The applicants shall obtain approval of a building permit for the expansion prior to any work being accomplished. 2. The variance applies only to the portion ofthe home on the south side ofthe lot that currently exists eight (8) feet from the side lot line. Adopted this 3rt! day of December, 2003. '7 ;I ;.'~ ' (,...._;e~..... /// -d'-c-v-./ J(~.~rt" Mill er, Acting Chairperson ATTEST: , c -Jc~ ~v~ Jim Ericson, Community Development Director (SEAL)