HomeMy WebLinkAbout763-04
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 763-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
ST ATE OF MINNESOTA
RESOLUTION DENYING A VARIANCE FROM THE MAXIMUM CURB CUT \VIDTH
REQUIREMENT TO ALLO\V A PREVIOUSLY CONSTRUCTED DRIVEWAY
ADDITION TO REMAIN; PLANNING CASE NO. VR2004-006
WHEREAS, Michel Mourad 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 7090 Silver Lake Road; and,
\VHEREAS, the subject parcel is legally described as follows:
North 135feet of Lot 96, Knolh-rood Park
Ramse.-v COllll(V. State of Minnesota
WHEREAS. the parcel is zoned R-l, Single Family Residential; and,
\VlIEREAS, the maximum curb cut width allowed in R-l zoning districts is 24 feet; and,
\VHEREAS, the applicant has constructed a driveway addition without a permit that
increased the curb cut width to 36 fect; 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 rcquest on
July 7, 2004; and,
WHEREAS, 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 which all
must be satisfied, in order to grant a varianee to the Zoning Code.
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- .- NOW, 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 driveway addition has been constructed on the property, which increased the
curb cut width to 36 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-1.
5. The literal interpretation of the Code would NOT deprive the applicant of rights
eommonly enjoyed by othcr 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 WalTant 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
vanance.
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 to allow a
driveway to exceed the maximum curb cut width on the propcrty located at 7090 Silver Lake
Road.
NO\V. TH ERE FORE, 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 7th day of July, 2004.
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Gary Stevens01yChairperson
Attest:
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James Ericson, Community Development Director
(Seal)