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HomeMy WebLinkAbout764-04 . . . .... .,.. . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 764-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A 37.5-FOOT WIDE GARAGE AND I RECOMMENDING APFiROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,125 SQUARE-FOOT GARAGE AT 7806 GLORIA CIRCLE; PLANNING CASE NOS. CU2004-002 & VR2004-007 WHEREAS, property owner Mari Scotch has applied for a variance and a conditional use permit td construct a 1,125 square foot garage; and, WHEREAS, the ):;ubject property, Iccated at 7806 Gloria Circle, is zoned R-1, Single Family residentiall, and is legally described as follows: Part North and West of a Line Beginning on Westerly Line of Gloria Circle 35 feet Southeasterly thereon from North Line of Lot 9 th:ence West parallel with North Line of Said Lot 54 feet the/11ce South parallel with West Line of Said Lot to South Line of Said Lot 9, Block 1, Lakeside Court, 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 I exceed 1,800 square feet; and, I WHEREAS, the Mounds View Zoning Code restricts the width of oversized I garages to 35 feet or less; and, I WHEREAS, the proposed expanded garage would be 1,125 square feet, thus necessitating application Iof a conditional use permit; and, WHEREAS, the J,oposed garage would be 37.5 feet in width, 2.5 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. b. c. d. e. f. g. Planning Application Zoning Map Location Map Photographic documentation Proposed Layout Proposed Elevations Staff Report WHEREAS, the Planning Commission held a duly noticed public hearing regarding the variance and conditional use permit requests on Wednesday, July 7, 2004. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. Other than the width, the proposed oversized 1,125 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved and the size of the subject property which is able to accommodate such a structure. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. 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 located just off of a cul-de-sac and is located on Spring Lake. The irregularly shaped lot and the desire to preserve the view of Spring Lake limit the possible locations of accessory buildings. The proposed garage allows the homeowner to have only one accessory structure, which is planned to be located as far from Spring Lake as possible. In addition, a utility easement limits the depth of the proposed garage. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that most property owners could have up to three accessory buildings, but due to the constraints of the lot, the applicant has limited options. . . . "". ' r. 3 The special circumstances or conditions do not result from the applicant in that Ms. Scotch had no control over the shape of the lot or the utility easements placed on the property. 4. Granting the variance requested would not confer on the applicant any special privilege in that most property owners do not have such limited options for accessory buildings. 5. The requested 2.5-foot variance is the minimum amount necessary to alleviate the applicant's hardship. Economic conditions do not enter into the need for a variance in this case. 6. The variance requested would not be materially detrimental to the purpose of the Code or to other properties in the vicinity. The spirit and intent of the Code is preserved. 7. Granting the variance would not impair an adequate supply of light and air to adjacent properties, would not increase the congestion of the public streets, would not increase the danger of fire or endanger the public safety and would not diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission unconditionally approves the requested variance for a 37.5 foot wide garage and recommends approval of the conditional use permit for the 1,125 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing house. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. I;Y Adopted this 7th day of July, 2004. / .,//~> _ ';/ ./'-1.;-</ ~_. l /~~ .,// "j" ......_-~ . Gary Stevenson, Chairperson ATTEST: c o c~ UUvh9K....--' James Ericson, Community Development Director (SEAL)