HomeMy WebLinkAbout801-05
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MOUNDS VIE\V PLANNING COMMISSION
RESOLUTION NO. 801-05
CITY OF MOUNDS VIE\V
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SIX-FOOT TALL
FENCE AND SHED IN THE FRONT SETBACK OF 5260 JEFFREY DRIVE;
MOUNDS VIEW PLANNING CASE VR2005-008
WHEREAS, the applic.ants, Ric.hard and Alison BagwilL have applied for a variance to
allow for a six-foot tall fence and 120 square foot shed in the front setback of their home at 5260
Jeffrey Drive; and,
WHEREAS, 5260 Jeffrey Drive is zoned R-l, Single Family Residential, and is legally
described as follows:
LOT 1. BLOCK 4. EIGENHEER SECOND ADDITION
RAA1SEY COUNTY, MINNESOTA
\VHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
I. Planning Application
2. Zoning Map
1. Location Map
2. Aerial Image
3. Existing Site Plan
4. Proposed Site Plan
5. Applicants' Statement
6. 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 di fficulties brought about by unique
or extraordinary features ofthe physical property that are beyond the property owner's control: and,
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Resolution 801-05
Page 2
WHEREAS, a public heming was held Wednesday, July 20,2005, with regard to this
variance request; 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.
NO\V, 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 relating to the variance request is that
the lot is non-confoffiling in area, fronts two streets with more than average street
frontage, is oddly configured which causes limitations as to how the propeliy can
be improved.
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The literal interpretation of the Zoning Code would limit the property owners'
ability to make reasonable and desired use of the rear yard.
3.
The applicants are not the original owners of the propeliy and had nothing to do
with the platting of the land, the placement of the home and the placement of the
shed.
4.
Granting a variance to allow for the six-foot tall fence and 120 square foot shed in
the front yard would allow the applicants to make more reasonable use of the
backyard and propeliy.
5. 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.
6. The two-foot height variance for the fence and the location variance for the shed
would be the minimum variance that would alleviate the applicants' hardship.
7. The relocation of the shed and construction of the fence would not be materially
detrimental to the purpose of the Zoning Code or to other propeliy in the R-I,
Single-Family Residential zoning district.
8. A six foot tall fence and 120 square foot shed would not impair the supply oflight
or increase congestion, would not increase the danger of fire or endanger the
public safety or diminish property values, and would not impair sight lines along
O'Connell Drive or Jeffrey Drive.
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Resolution 801-05
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 of fact, does hereby approve the variance request for a six
foot tall fence and relocation of an existing 120 square foot shed into the front yard setback at
5260 Jeffrey Drive, as shown on the attached site plan labeled Exhibit A, contingent upon the
following:
1. The applicants shall obtain approval of a zoning permit for the fence construction prior to
work being commenccd.
2. If the applicants fail to commcnce construction within onc year from the date of this
approval, the variance shall be considered null and void.
Adopted this 20th day of July, 2005.
ATTEST:
, j lNi'\. 'L-'kt.i en-"
Jim Ericson, Community Development Director
(SEAL)
Exhibit A - Approved Site Plan
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8ft high fence from --+
..istingfence, 15ft
lowan:ls O'connell Drive.
Due to slop In yard,
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wl2 gates, Bee -t
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5260 Jeffery Dnve
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Gate
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New or Relocated -She-a
:120 Sguare foot Maximum
O'Connell Drive
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