HomeMy WebLinkAbout772-04
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MOUNDS VIE\V PLANNING COMMISSION
RESOLUTION NO. 772-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN ADi\HNISTRA TIVE VARIANCE TO ALLO\V FOR A
T\VIENTY-FIVE FOOT REAR YARD SETBACK FOR A NE\V HOUSE AT 7717 LONG
LAKE ROAD; MOUNDS VIE\V PLANNING CASE A V2004-002
\VHEREAS, the applicant, The Phoenix Residence, has applied for a variance to allow
for a twenty-five foot rear yard setback for a proposed new house located at 7717 Long Lake
Road: and,
\VHEREAS, 7717 Long Lake Road is zoned R-l, Single Family Residential, and is
legally desc.ribed as follows:
Lot 3. Block 1, GlIst4~OIlS F(jilI Additiol/
Ralllse)' Co 1111 t)'. A/illllesota
\VIIEREAS, Section 11 04.0 I of the Mounds View Zoning Code indicates that the
minimum rear setback for a principal building is 30 feet; and,
WHEREAS, the applicant has applied for a five-foot variance to construct a new house;
and,
\VHEREAS, the Community Development Director has reviewed the following
documents regarding this proposal:
1. Planning Application
2. Site Plan
3. Proposed Elevations
\VHEREAS, the purpose of the administrative variance provision in the Zoning Code is
to give relicf to propeI1y owners when the strict enforcement of the zoning code requirements
imposes a hardship thereby restricting the improvement ofpropcrty due to practical difticultics
brought about by unique or extraordinary features of the physical property that are beyond the
property owner's control: and,
\VHEREAS, according to Section 1125.02, Subdivision 6 of the Mounds View
Municipal Code, the Community Development Director is to review a standard set of criteria, of
which a1ll11ust be satisfied, in order to grant an administrative variance to the Zoning Code; and,
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WHEREAS, the property owners adjacent to the subject property were notified of the
variance request and were allowed ten days to respond.
NO\V, 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 rcquest is that
there are unusual setback requirements which causes limitations as to how the
property can be improved.
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The literal interpretation of the Zoning Code would rcstrict thc applicant's ability
to construct a house on the property.
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The variance is requested due to the unusual setback constraints, which the
applicant has no control over.
4.
Granting the variance would not confer upon the property owner a special
privilege denied to others in the same district due to the unique nature of the
existing conditions present on the site.
5.
The five-foot variance is the minimum variancc that would alleviate the
applicant's hardship.
6.
The construction of the proposed house would not be materially detrimental to the
purpose of the Zoning Code or to other property in the R-l, Single-Family
Rcsidential zoning district.
7. A twenty-five foot rear 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 propel1y values.
NO\V, THERJ<:FORE. BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review of the identified hardship, does hereby grant final approval
of the variance request for a twenty-five (25) foot rear yard setback for a proposed new house
constructed at 7717 Long Lake Road, contingent upon the following:
1. The construction of the proposed house shall commence within one year of the adoption
of this resolution or the variance approval shall become null and void.
Adoptcd this 6th day of October, 2004.
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Gary Stevenson, C~rperson '-----J
ATTEST:
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Jim Ericson, Community Development Director
(SEAL)