HomeMy WebLinkAbout755-04
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 755-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A THIRTY-TWO FOOT
FRONT YARD SETBACK FOR A NEW HOME AT
7717 LONG LAKE ROAD;
MOUNDS VIEW PLANNING CASE VR2004-002
WHEREAS, the applicant, The Phoenix Residence, Inc., has applied for a variance to
allow for a thirty-two foot front yard setback for a proposed homc located at 7717 Long Lake
Road; and,
WHEREAS, thc prcvailing setback for the 7700 and 7800 block of Long Lake Road is
torty-one (41) feet
WHEREAS, 7717 Long Lake Road is zoncd R-l, Single Family Rcsidcntial, and is
lcgally described as follows:
IAil 3, Block 1. GlIstC{fwll'S Fifih Additio/l
Ramsey COlll/ly, Alill11CSola
WHEREAS, the Mounds View Planning Commission has reviewcd the following
documcnts regarding this proposal:
1. Planning Application
2. Zoning Map
3. LocationMap
4. Site Plan
5. Photographic Documentation
6. StaffRcp0l1
\VHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to
property owncrs whcn the strict cnforcement of the zoning code rcquirements imposes a hardship
thereby restricting the improvcment of property duc to practical difficulties brought about by
unique or extraordinary features of the physical property that are beyond the property owner's
control; and.
WHEREAS, a public hearing was held Wedncsday, April 21, 2004, with rcgard to this
variance request; and,
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WHEREAS, according to Section 1125.02, Subdivision 2 orthe Mounds View
Municipal Codc. the Planning Commission is to review a standard set of critcria, or which all
must be satisfied. ill order to grant a variance to the Zoning Code.
NOW, THEREFORE, BE IT RESOL YED, the Mounds View Planning Commission
hercby makes the following findings of fact related to this rcqucst:
1. The exceptional or cxtraordinary conditions relating to the variance request is that
thcrc are unusual setback rcquircmcnts which causes limitations as to how thc
propcrty can be improved.
2. Thc literal interpretation of the loning Code would restrict the applicant's ability
to constmct thc proposed home on thc property.
3. The variance is requested due to the unusual setback constraints, which the
applicants havc no control over.
4. Granting the variance would not confcr upon thc property owncrs a special
privilege denied to others in the same district due to the unique nature orthe
existing conditions prcsent on the sitc.
5.
The ninc-foot variance is the minimum variance that would alleviatc the
applicant" s hardship.
6.
Thc construction of the proposed homc \vould not be materially detrimental to the
purpose of the Zoning Codc or to other property in the R-l, Single-Family
Rcsidcntial zoning district.
7. A thirty-two foot front sctback would not impair the supply oflight or increase
congcstion, nor would it increase the danger of fire or endanger the public safety
or diminish property values.
NO\V, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review of thc documentation. testimony presentcd at the public
hearing, and the identified lindings of fact. does hercby approve the variance request for a thirty-
t\VO foot front yard setback for a proposcd homc located at 7717 Long Lake Road. contingent
upon the following:
I. Thc applicant shall obtain approval of a building pcrmit lor the home prior to any work
being accomplishcd.
2. Thc variance applies only to thc plans submitted and date stamped on April 12,2004.
j. Thc applicant acknowledges that thc City is not responsible for any damage that occurs to
any object or landscaping placed within the eascment. Thc applicant is also aware that
the City will need to use thc eascmcnt as an access a minimum of t\VO timcs per year.
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Adopted this 21 st day of April, 2004.
ATTEST:
(SEAL)
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Jjm Erjcson, Community Development Director