HomeMy WebLinkAbout818-05
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 818-05
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FROM CHAPTER 1104 OF THE ZONING
CODE PERTAINING TO DRIVEWAY SETBACKS, REQUESTED BY DANIEL
KELNER, 8036 FAIRCHILD AVENUE;
MOUNDS VIEW PLANNING CASE VR2005-013
WHEREAS, The applicant, Daniel Kelner, has applied for a variance to allow for
a driveway extension/parking pad within one foot of the south property line of his
property located at 8036 Fairchild Avenue; and,
WHEREAS, the City Code, in Section 1104.01, Subd. 4b, states that driveways
in a residential district shall be set back five feet from property lines; and,
WHEREAS, 8036 Fairchild Avenue is zoned R-1, Single Family Residential, and
is legally described as follows:
AUDITOR'S SUBDIVISION NO. 89 (MV) N 73 FT OF S 219 FT OF E 1/2 OF N 2/3 OF LOT 63
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Planning Application
2. Zoning Map
3. Letter to Resident
4. Written Statement from Property Owner
5. Letter from Neighbor
6. Staff Report
- PafJ8 ~2
f:.zcs, 818-05
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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 public hearing regarding this
request on October 19, 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 finds that the criteria as identified in Section 1125.02, Subdivision 2 of the
Mounds View Municipal Code are satisfied and finds there to be sufficient hardship with
regard to the property located at 8036 Fairchild Avenue, and makes the following
findings of fact related to its decision:
1. Circumstances apply to this property in that a gravel parking area was already in
place prior to the applicant purchasing the property.
2. The literal interpretation of the provisions of the Zoning Code would deprive the
applicant of additional parking/storage space on his property.
3. The applicant did not cause the original creation of this driveway
extension/parking area, and intends only to improve the deteriorating original
sand and gravel surface.
4. Granting this variance would not confer upon the applicant a special privilegein
that the parking area is a pre-existing condition.
5. The four (4) foot variance is the minimum variance required to alleviate the
applicant's hardship.
6. Granting a variance to allow for a parking pad with a one foot setback would not
be detrimental to the purpose of the Zoning Code in that the parking area is a
pre-existing condition and is causing no adverse impacts.
7. Granting the variance would not impair an adequate supply of light or air to the
adjoining property.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning
Commission, based upon the above findings, approves the variance request of Daniel
Kelner, 8036 Fairchild Avenue, to allow for a driveway extension/parking pad with a one
foot setback from the property line, with the condition that there be no more than normal
stormwater runoff onto the south neighboring property.
Res. 818-05
Page 3
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Adopted this 19th day of October, 2005.
ATTEST:
(SEAL)
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Jim Ericson, Community Development Director