HomeMy WebLinkAbout793-05
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 793-05
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A VARIANCE TO REDUCE THE FRONT PARKING SETBACK
TO ZERO AT ACE SUPPLY COMPANY LOCATED AT 4749 OLD HIGHWAY 8;
PLANNING CASE VR2005-003
WHEREAS, the applicant, Bruce Hasselbring, representing Ace Supply
Company, has applied for a variance to reduce the front parking area setback to zero at
Ace Supply Company, located at 4749 Old Highway; and,
WHEREAS, 4749 Old Highway 8 is zoned 1-1, Industrial and is legally described
as:
Lot 2, Block 1, Subject to Easements
Midway Industrial, Ramsey County, Minnesota
WHEREAS, Section 1104.02 of the Mounds View Zoning Code indicates that the
minimum front setback for a parking lot in Industrial districts is forty (40) feet; and,
WHEREAS, the applicant is requesting a front parking setback variance to locate
the parking area zero (0) feet from the front property line; and,
WHEREAS, The Planning Commission reviewed the following materials relating
to this request:
1. Application
2. Letter from the Applicant
3. Zoning Map
4. Location Map
5. Site Plan
6. Photographic Documentation
7. Staff Report
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, the Planning Commission held a duly noticed public hearing
regarding this variance on Wednesday, April 20, 2005; and,
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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 variance to the Zoning Code.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning
Commission makes the following finding of facts related to this request:
1. The property is zoned 1-1, Industrial.
2. The minimum front parking area setback in Industrial districts is forty feet.
3. The applicant is requesting to reduce the front parking area setback to
zero.
4. The property is neither exceptional nor extraordinary in regards to shape
or size.
5. 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 warrant approval of the variance.
6. 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 variance.
7.
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
to reduce the front parking area setback to zero at Ace Supply Company located at
4749 Old Highway 8.
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 April, 2005.
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.~.ean Miller, Acting Chairperson
ATTEST:
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Jim Ericson, Community Development Director
(SEAL)