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HomeMy WebLinkAbout758-04 . . . .,. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 758-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE FOR A 48-FOOT WIDE GARAGE TO ALLOW FOR A GARAGE ADDITION AT 2208 LOIS DRIVE; PLANNING CASE NO. VR2004-005 WHEREAS, property owner Michael Read has applied for a variance to expand his existing 22 feet wide garage by an additional 26 feet for a finished total width of 48 feet; and, WHEREAS, the applicant's property, located at 2208 Lois Drive, is zoned R-1, Single Family residential, and is legally described as follows: Lot 2 and Subject to ditch Lot 3, Block 18, Pinewood Terrace No.5; 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 garage would be 48 feet in width, thirteen feet beyond that which is allowed for an oversized garage, necessitating application of a variance; and, 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 request on Wednesday, May 19, 2004 ~ . . . NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the variance request: 1. The property is zoned R-1, Single Family Residential. 2. The maximum garage width allowed for an over-sized garage In an R-1 zoning districts is 35 feet. 3. The applicant is proposing to construct a garage that is 48 feet wide, 13 feet in excess of the permitted width. 4. The property is regularly shaped and is neither exceptional nor extraordinary given the number of properties within the City that are zoned R-1. 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 warrant 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 warrant approval of the variance. 8. The hardship criteria as identified in Section 1125.02 have not been satisfied. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the hardship criteria, testimony presented at the public hearing and the identified findings of fact, does hereby deny the variance request for a garage addition on the property located at 2208 Lois Drive. NOW, 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. Adopted this 19th day of May, 2004. ~~ Gary Stevenson/Chairperson JU/YVL.UJ &euA-f}~ James Ericson, Community Dev. Director ATTEST: (S EA L)