HomeMy WebLinkAbout1041-16MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 1041-16
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FOR A REDUCED DRIVEWAY SETBACK AT
2200 HILLVIEW ROAD; PLANNING CASE VR2016-001
WHEREAS, applicant Jim Cigelski, representing property owners Joe and Gina
Diekman, has applied for a variance to permit a driveway to have a 3.5-foot setback from the
east property line; and,
WHEREAS, the subject property, located at 2200 Hillview Road is zoned R-1, Single
Family Residential, and is legally described as follows:
Lot 3, Block 6, Pinewood Terrace
PIN 05-30-23-43-0003
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Application
2. Zoning Map
3. Aerial View
4. Photographic Documentation
5. Site Plan
6. Staff Report
WHEREAS, Section 1104.01 Subd. 4a(1) of the Mounds View Zoning Code indicates
that driveways shall be set back at least five feet; and,
WHEREAS, the applicant has applied for a variance to allow the driveway to have a
three and a half (3.5) foot setback; and,
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,
Resolution 1041-16
Page 2
WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this
request on February 3, 2016; 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, that 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 2200 Hillview Road, and makes the following findings of fact related to its decision:
1. The general intent of the Zoning Code regarding setbacks is to create physical
separation between improvements for safety, aesthetics and a sense of privacy for the
property owners. The new driveway is in the same spot as the previous driveway and
will have the same setback as the adjoining property's driveway.
2. The variance is not inconsistent with the Comprehensive Plan in that the applicant is
improving the property.
3. The driveway itself is a permitted use and is otherwise compliant with the city code but
for the reduced setback. The reduced setback requested after-the-fact is not an
unreasonable request given the pre-existing conditions.
4. The circumstances associated with this request do not result from the actions of the
property owners. The driveway was replaced in the same location as the original
driveway, matching the setback of the driveway adjacent to the subject property.
5. There will be no change to the existing character of the neighborhood since the
driveways have been existing for decades. The new driveway is an improvement to the
neighborhood.
6. The variance for a three and a half foot setback is the minimum variance required to
alleviate the applicant's practical difficulty.
7. While the Planning Commission may impose reasonable conditions as may be
necessary to comply with city standards and to minimize the effect of such variance
upon other properties in the neighborhood, none are suggested in this case.
Resolufiion 1041-16
Page 3
NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning
Commission, based upon the above findings, approves the variance request of Jim Cigelski,
representing Joe and Gina Diekman, property owners of 2200 Hillview Road, to allow a
driveway to have a three and a half (3.5) foot setback.
�
Adopted this 3rd day of February, 2016. �
> :� �'
� �.�._�_ -�. ,.
A 4� � Z.
Gary S even,s�bn, Chair
�.,
ATTEST:
J es Ericson, City Administrator
(SEAL)
•
Doc No T02564217
Certified, filed and/or recorded on
Aug 1, 2016 10:52 AM
Office of the Registrar of Titles
Ramsey County, Minnesota
Susan R Roth, Registrar of Titles
Christopher A. Samuel, County Auditor and Treasurer
Deputy 302 Pkg ID 1140529M
Document Recording Fee Torrens $46.00
Document Total $46.00
Existing Certs
572553
This cover sheet is now a permanent part of the recorded document.
r �
MouND1VI iw
2401 Highway 10• Mounds View, MN 55112-1499
Phone: 763.717.4000 • Fax: 763.717.4019
STATE OF MINNESOTA)
ss.
COUNTY OF RAMSEY)
I, the undersigned, being the duly qualified City Administrator of the
City of Mounds View, Minnesota, hereby certify that I have carefully
compared the attached and foregoing document with the original
thereof on file in our office, and the same is a full, true and complete
copy thereof, insofar as the same relates to:
RESOLUTION NO. 1041-16, "RESOLUTION APPROVING A VARIANCE FOR
A REDUCED DRIVEWAY SETBACK AT 2200 Voisiasso ROAD; PLANNING
CASE VR2016-001" VILL.siitu matry,
WITNESS MY HAND officially as such City Administratoris and the corporate
seal of the City of Mounds View this 2nd day of June, 2016.
-‘42
(SEAL) � �'v 1_446iv
James Ericson, City Administrator
ti tl f'
•
�'' 1• r. .
www.ci.mounds-view.mn.us
Equal Opportunity Employer
I