HomeMy WebLinkAbout774-04
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MOUNDS VIE\V PLANNING COMMISSION
RESOLUTION NO. 774-04
CITY OF MOUNDS VIE\V
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A VARIANCE TO ALLO\V FOR A REDUCED FRONT
SETBACK FOR PARKING AREA AND A VARIANCE FROM THE MINIMUM LOT
SIZE REQUIREMENTS FOR A PROPOSED AUTOMOBILE SALES LOT AT 2320
COUNTY ROAD 10 AND 5260 O'CONNELL DRIVE;
MOUNDS VIEW PLANNING CASE VR2004-002
WHEREAS, the applicants, CU Companies and Finn Daniels Architects, have applied for a
variance [or a reduced front setback for parking area and a variance from the minimum lot size
requirements for a proposed automobile sales lot located at 2320 County Road 10 and 5260
O'Connell Drive; and,
WHEREAS, 2320 County Road 10 is zoned B-3, Highway Business, and 5260 O'Connell
Drive is zoned R-l, Single-Family Residential, and are identified by the following parcel
identification number, respectively:
083023310070
083023310061
\VI-IEREAS, Section 1104.01 of the Mounds View Zoning Code indicates that the front
parking setback in B-3 districts is thirty (30) feet; and,
\VHEREAS, the applicants are requesting a front parking setback variance to locate the
parking area five (5) feet from the front property line; and,
\VHEREAS, Section 1114.04 of the Mounds View Zoning Code requires that automobile
sales lots have a minimum lot size of two (2) acres; and,
WHEREAS, the applicants are requesting a variance from the minimum lot size requirement
to be allowed to locate an automobile sales lot on a 1.48 acre site; and,
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F\cs(;~ution 77 4.~.04
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WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Planning Application
2. Zoning Map
3. Location Map
4. Site Plan
5. Photographic Documentation
6. Staff Report
\VHEREAS, the purpose of the varianee provision in the Zoning Code is to give relief to
propeI1y owners when the strict enforcemcnt of the zoning code requirements imposes a hardship
thereby restricting the improvement of property due to practieal difficulties brought about by unique
or extraordinary features ofthe physical property that are beyond thc propc11y owncr's control; and,
\VHEREAS, a public hearing was held Wednesday, October 20,2004, with regard to this
variance request; and,
\VHEREAS, according to Scction 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.
NO\V, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
hcreby makes the following findings of fact related to this request:
I. The property is zoned B-3, Highway Business.
2. The minimum lot size for an automobile sales lot is 2 acres.
3. The applicant is rcquesting to locate an automobile sales lot on a parcel that has 1.48
acres.
4. The property is neither exceptional nor extraordinary given the number ofprope11ics
within the City that are zoned B-3.
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 propcrty is not
unique compared to other properties in the same zoning district.
6,
Granting a variance in this case WOULD confcr a special privilege not enjoyed by
other property owners in that there does not appear to bc a sufficient hardship to
warrant approval ofthc variance.
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f~csolution 774-04
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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 walTant 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 documentation, testimony presented at the public hearing,
and the identified findings of fact, does hereby deny the variance request for a five- foot front
parking area setback and thc request for a variance 11:om the minimum lot size requirements for a
proposed automobile sales lot located at 2320 County Road 10 and 5260 O'Connell 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 20th day of October, 2004.
ATTEST:
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Jim Ericson, Community Development Director
(SEAL)