HomeMy WebLinkAbout773-04
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 773-04
CITY OF MOUNDS VIE\V
COUNTY OF RAMSEY
STATE OF l\HNNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A T\VO-FOOT SIDE
YARD SETBACK AND A VARIANCE TO EXCEED THE MAXIMUM PERCENTAGE
OF ALLO\V ABLE ACCESSORY BUILDING AREA FOR A GARAGE AT
2901 COUNTY ROAD H; MOUNDS VIEW PLANNING CASE VR2004-010
WHEREAS, the applicants, Patrick and Nancy Donahue, have applied for a variance to
allow for a two-foot side yard setback and a variance to have an accessory building covering
22% of the rear yard for a proposed garage located at 2901 County Road H; and,
\VHEREAS, 2901 County Road H is zoned R-I, Single family Residential, and is
legally described as follows:
Lot 81. Knollwood Park
Ralllsey COl/n~v. Afinneso{a
\VHEREAS, Section ]104.01 of the Mounds View Zoning Code indicates that the
minimum side setback for an accessory building is 5 feet; and,
\VHEREAS, the applicants have applied for a three-foot variance to construct a garage;
and,
\VHEREAS, Section 1106.03 of the Mounds View Zoning Code indicates that thc square
footage of the accessory buildings in a rear yard shall not exceed 20% of the rear yard; and,
\VHEREAS, the applicants have applied for a variance to construct an accessory
building that will cover 22% of the rear yard; and,
\VHEREAS, the Mounds View Planning Commission has reviewed the follo\ving
documents regarding this proposal:
1. Planning Application
2. Zoning Map
3. Location Map
4. Site Plan
5. Photographic Documentation
6. Staff Report
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Resolution 773-04
Page 2
\VlIEREAS, the purpose of the variance provision in the Zoning Code is to give relief to
property owners whcn thc strict enforcement of the zoning code requirements imposes a hardship
thercby restricting the improvement of property due to practical difficultics brought about by
unique or extraordinary features of the physical property that arc beyond the propeIiy owner's
control; and,
\VHEREAS, a public hcaring was held Wednesday, October 20,2004, with regard to
this variance rcquest; and,
\VHEREAS, 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 variance to the Zoning Code.
NOW, 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 rclating to the variancc request is that
the existing home is located in such a way that makes it impossible to construct a
garage on the property without a variance.
2.
Thc litcral interpretation of the provisions of the Zoning Code would deprive the
applicants ofrights enjoyed by other properties in the same zone because the
setback eonstraints make it impossible to construet even a single car garage on the
lot. Most lots within Mounds View do not have thc samc difficulties.
3, The applicant cannot control the [act that it is a corner lot with two front setbacks
or that the existing home is located so far into the corner of the lot that the rcar
and side yards are both too small to allow for a garage.
4. Granting the variance would not confer upon the propeliy owners 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 three-foot variance is the minimum variance that would alleviate the
applicant's hardship.
6. The constmction of the proposed garage would not be materially detrimental to
the purpose of the Zoning Code or to other property in the R-l, Single-Family
Residential zoning district.
7.
A two-foot side setback would not impair the supply oflight or increase
congestion, nor would it increase the danger of lire or endanger the public safety
or diminish property values.
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Resolution 773-04
Page 3
NO\V, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review of the doeumentation, testimony presented at the public
hearing, and the identified findings of fact, does hereby approve the variance request for a two-
foot side yard setback and the variance request to exceed the maximum allowable percentage of
accessory building area for a proposed garage at 2901 County Road H, contingent upon the
following:
1. The applicants shall obtain approval of a building permit for the garage prior to any work
being initiated.
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The variance applies only to the plans submitted and date stamped on September 21,
2004.
3. No additional accessory buildings will be permitted on the property.
4. The garage construction must be eommenced within one year of the adoption ofthis
resolution, or the variance approval shall become null and void.
Adopted this 20th day of October, 2004.
A TrEST:
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Jim Ericson, Community Devclopment Dircctor
(SEAL)