HomeMy WebLinkAbout806-05
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 806-05
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ENCROACH FOUR FEET INTO THE
PREVAILING FRONT SETBACK AT 5323 JACKSON DRIVE;
PLANNING CASE VR2005-009
WHEREAS, the applicant, Greg and Elizabeth Newman, have applied for a
variance to encroach four feet into the prevailing front setback at 5323 Jackson Drive;
and,
WHEREAS, 5323 Jackson Drive is zoned R-1, Single Family Residential and is
legally described as:
Lot 11, Block 4
Pinewood Terrace No 2
Ramsey County, Minnesota
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 5300 block of Jackson Drive is forty-
eight (48) feet; and,
WHEREAS, the applicant is requesting a front yard setback variance to construct a
porch addition four (4) feet into the prevailing setback; and,
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WHEREAS, The Planning Commission reviewed the following materials relating
to this request:
1. Application
2. Zoning Map
3. Location Map
4. Site Plan
5. Property Map
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
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, August 3, 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 5300 block of Jackson Drive is forty-eight
(48) feet.
3. The applicant is requesting to reduce the front yard setback to forty-four (44) feet.
4. The forty-eight (48) foot setback is unique and substantially exceeds the minimum
required setback which is thirty (30) feet.
5. Granting a variance in this case would not confer a special privilege not enjoyed by
other property owners.
6. The variance would not be materially detrimental to the purpose of this Title in that
there does not appear to be any adverse effects resulting from approval of the
variance.
7. The proposed variance would not impair supply of light and air to adjacent properties
or substantially increase the congestion of the public streets or increase the danger of
fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
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NOW, THEREFORE, BE IT FINALLY 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 request for a
four-foot variance from the prevailing front setback of forty-eight feet at 5323 Jackson
Drive.
Adopted this 3rd day of August, 2005.
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;},.e~n Miller, Vice Chairperson
ATTEST:
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Jim Ericson, Community Development Director
(SEAL)