HomeMy WebLinkAbout800-05
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 800-05
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A FRONT YARD
SETBACK ENCROACHMENT AT 2340 KNOLL DRIVE;
MOUNDS VIEW PLANNING CASE VR2005-007
WHEREAS, the applicants, Nathan and Kendra Miller, have applied for a variance to
expand their house 15 feet into the front setback at their property at 2340 Knoll Drive; and,
WHEREAS, 2340 Knoll Drive is zoned R-1, Single Family Residential, and is legally
described as follows:
LOT 15, BLOCK 17,
PINEWOOD TERRACE NO.5
Ramsey County, Minnesota
WHEREAS, Section 1104.01 of the Mounds View Zoning Code indicates that the
appropriate front setback for a house in a front yard is thirty (30) feet); and,
WHEREAS, the applicants have applied for a variance to expand their home by
fifteen (15) feet into the front setback; and,
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Planning Application
2. Zoning Map
3. Location Map
4. Aerial Photo dated 2003
5. Site Plan
6. Photographic Documentation
7. Staff Report
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Resolution 800-05
Page 2
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, a public hearing was held on Wednesday, July 6,2005, with regard to
this variance request; 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 which 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 related to this request:
1. The exceptional or extraordinary conditions relating to the variance request is
that the property is wedge-shaped, on a curve with excessive street frontage.
2. The literal interpretation of the provisions of the Zoning Code would deprive
the applicants of rights enjoyed by other properties in the same zone
because of the odd configuration of the lot and the curved street frontage.
3.
The applicant has not caused the configuration of the lot nor the historical
usage of the lot and seeks to expand the home to improve its function and
livability.
4. Granting the variance would not confer upon the property 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 fifteen (15) foot variance is the minimum variance that would alleviate
the applicants' hardship.
6. The building expansion would not be materially detrimental to the purpose of
the Zoning Code or to other surrounding property as the southwest corner
functions as more of a side yard and is buffered by a stand of tall, mature
evergreen trees.
7. Expanding the home in this manner 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 property values.
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Resolution 800-05
Page 3
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, does hereby approve the variance request to
allow for a fifteen (15) foot building expansion into the front setback as shown on the
attached site plan labeled Exhibit 1, contingent upon the following:
1. The applicants shall apply for and obtain a building permit for the construction
prior to any work being initiated.
2. If the applicants fail to commence construction within one year from the date of
this approval, the variance shall be considered null and void.
Adopted this 6th day of July, 2005.
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Gary Stevenson, airperson "
ATTEST:
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Jim Ericson, Community Development Director
(SEAL)
EXHIBIT A
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