HomeMy WebLinkAbout797-05
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 797-05
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A VARIANCE TO REDUCE THE FRONT YARD SETBACK TO
NINETEEN FEET FOR THE CONSTRUCTION OF A GARAGE ADDITION AT 5131
GREENWOOD DRIVE; PLANNING CASE VR2005-005
WHEREAS, the applicant, Keith Vasilakes, has applied for a variance to reduce
the front yard setback to nineteen feet at 5131 Greenwood Drive; and,
WHEREAS, 5131 Greenwood Drive is zoned R-1, Single Family Residential and
is legally described as:
Lot 4, Block 2
Clint's Addition
WHEREAS, Section 1104.01 of the Mounds View Zoning Code indicates that the
minimum front yard setback for buildings in Single Family Residential districts is thirty
(30) feet; and,
WHEREAS, the prevailing setback for the 5100 block of Greenwood Drive is
thirty-five (35) feet; and,
WHEREAS, the applicant is requesting a front yard setback variance to construct
a garage addition nineteen (19) 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. Existing Site Plan
6. Proposed Site Plan
7. Aerial Photograph
8. Photographic Documentation
9. 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,
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WHEREAS, the Planning Commission held a duly noticed public hearing
regarding this variance on Wednesday, June 1, 2005; and,
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 R-1, Single Family Residential.
2. The prevailing front yard setback for the 5100 block of Greenwood Drive is
thirty-five feet. In addition, the Zoning Code requires a minimum front yard
setback of thirty feet.
3. The applicant is requesting to reduce the front yard setback to nineteen
feet.
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 request for a
sixteen-foot variance from the prevailing front setback of thirty-five feet at 5131
Greenwood 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 1 st day of June, 2005.
ATTEST:
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Jim Ericson, Community Development Director
(SEAL)