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HomeMy WebLinkAbout1014-14MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1014-14 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW AN EIGHTEEN-FOOT REAR YARD SETBACK AT 2624 ARDAN AVENUE; MOUNDS VIEW PLANNING CASE VR2014-007 WHEREAS, property owners, Gerald and Melanie Lind, have applied for a variance to allow a house addition to encroach twelve feet into the required 30 foot rear yard setback at 2624 Ardan Avenue; and, WHEREAS, 2624 Ardan Avenue is zoned R-1, Single Family Residential, and Iegaily described as follows: E 120 FT of W 1859 FT OF N 119 5/10 FT S 1012 5/10 FT OF NE '/a (subject fo Rds) in Secfion 6, Township 30, Range 23, Ramsey County, Minnesota PI N: 06-30-23-14-0025 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Proposed Site and Addition Plans 2. Zoning Map 3. Aerial Views 4. Photographic Documentation 5. 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 request on September 17, 2014; 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 that must be satisfied in order to grant a variance to the Zoning Code. I��tesolutic�n �101^��1� I'ag�: 2 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 practical difficulty with regard to the property located at 2624 Ardan Avenue, and makes the following findings of fact related to its decision: 1. The general intent of the Zoning Code regarding building setbacks is to give some sense of privacy and separation for the property owners and their neighbors. The proposed addition would allow for more privacy than the existing open deck. 2. The variance is consistent with the Comprehensive Plan in that the applicants are improving the property. 3. The applicants are requesting this variance because their limited rear yard depth will not allow any living space additions. 4. The unique feature of this property is that it is a small, shallow lot with very limited backyard space. The property does not even meet the current lot size square footage requirements. 5. A deck has existed on the rear of the home for more than 20 years and the enclosed porch will be in the same location. The addition will not change the existing neighborhood character or the look of the front of the property. 6. The 12-foot variance is the minimum variance required to alleviate the applicanYs practical difficulty since the Zoning Code requires a minimum 30 foot rear yard setback. 7. The Planning Commission may impose conditions upon the premises as may be necessary to comply with city standards and to minimize the effect of such variance upon other properties in the neighborhood. Resolution 1014-'14 1='aye 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Gerald and Melanie Lind, to allow a living space addition to have an 18-foot rear setback at 2624 Ardan Avenue subject to the following: If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall be come null and void unless an extension of time has been requested by the applicant and granted by the Planning Commission. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. Adopted this 17th day of September, 2014. Gary Stevenso�f, Chairperson ATTEST: �D�tM-td CN�9'�---• James Ericson, City Administrator (SEAL)