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HomeMy WebLinkAbout1059-16MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1059-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN ADMINISTRATIVE VARIANCE TO ALLOW A FORTY FOOT FRONT YARD SETBACK FOR A COVERED STOOP AT 7801 EASTWOOD RD; MOUNDS VIEW PLANNING CASE AV2016-01 WHEREAS, the applicant, Chad Born (Born Carpentry, LLC), on behalf of property owners, Erica Edgeton and Chad Edgeton, has applied for an Administrative Variance to allow a covered stoop to encroach 5' into the required 45' front yard setback at 7801 Eastwood Rd; and, WHEREAS, 7801 Eastwood Rd is zoned R-1, Single Family Residential, and is legally described as follows: Lot 52, of Spring Lake Park Hill View PIN: 06-30-23-44-0034 WHEREAS, the Mounds View City Code, Section 1104.01, Subdivision 3(a) states; Where principal buildings in existence on lots within the same block on the same side of the street have front yard setbacks different from those required, the minimum front yard setback for any new principal buildings shall be the minimum front yard setback in existence for any one lot. In no case shall the front yard setback be less than thirty feet (30'). For purposes of this subsection a, a block shall be defined as that group of lots lying along a street between the two closest intersecting streets, except that where the length of the street frontage between the two intersecting streets is greater than fourteen hundred feet (1, 400 ), the block shall be the lots within six hundred and fifty feet (650') on either side of the lot in question, or to an intersecting street whichever is less. WHEREAS, the 7700 block of Eastwood Rd is approximately 1,400' in length, and the principal building on the same block and same side of the street with the smallest front yard setback measures approximately 45' (7801 Eastwood Rd, based on 2015 Ramsey County aerial photo), and thus the minimum front yard setback for all lots on the east side of this block, including the subject property, is 45'; and, WHEREAS, the proposed covered front stoop would encroach 5' into the required 45' front yard setback; and, Resolution 1059-16 October 19, 2016 Page 2 WHEREAS, the Mounds View City Code, Section 1125.02, Subd 6 permits the Community Development Director (City Administrator) to approve an Administrative Variance if the subject property is zoned R-1 or R-2; and the variance is within 25% of the required setback, and not less than 5' from a property line; and, WHEREAS, the subject property is zoned R-1, and the proposed 5' setback encroachment is 11% of the minimum 45' front yard setback; and, WHEREAS, in accordance with the City of Mounds View City Code, Section 1125.02, Subd 6(b), the Community Development Director has reviewed the variance request, and finds that it is consistent with the variance criteria listed in the City Code Section 1125.02, Subd 2: a. The variance is in harmony with the general purposes and intent of the City Code. b. The variance is consistent with the comprehensive plan: Goal 2: Maintain and upgrade the existing housing stock of the City Policies: b. Use housing projects to promote economic development and tax base expansion. Goal 4: Encourage residential infill and redevelopment that supports the City's housing goals and maintains residential character. C. The applicant's proposed covered front stoop is a reasonable use of the property, not permitted by the City Code because of the front yard setback encroachment. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. The home was built in 1962, and is set back closer to the street than other homes on the same side of the block. If other homes had been built at the minimum required 30' front yard setback, the greater 45' setback would not be applicable, and a variance for the covered stoop would not be necessary. e. The variance does not alter the essential character of the neighborhood. The addition of the covered front stoop onto the home will enhance the character of the home, and the neighborhood. f. The variance requested is the minimum variance which would alleviate the practical difficulty. Economic conditions alone do not constitute practical difficulties. The 5' X 5' covered front stoop is not excessively large. Resolution 1059-16 October 19, 2016 Page 3 g. The Planning Commission may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Such conditions shall include: The applicants shall construct the covered stoop according to Building Code (Permit 2016-00722), and consistent with drawings presented in the Staff Report. WHEREAS, in accordance with the City of Mounds View City Code, Section 1125.02, Subd 6(b), notice of the Planning Commission's review of this Administrative Variance was mailed to seven adjacent property owners of the subject property on Oct 4, 2016; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial Views 3. Site Photos 4. Staff Report NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission has reviewed the Administrative Variance request, and agrees with Staff's findings and approval of the Administrative Variance subject to the following condition: The applicant shall construct the covered stoop according to Building Code (Permit 2016-00722), and consistent with drawings presented in the Staff Report. 2. If within one year after granting the Administrative Variance, the work as permitted by the variance has not begun, then such variance shall become 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. Resolution 1059-16 October 19, 2016 Page 4 Adopted this 19th day of October, 2016. quQ'4,,t�_Xov-e_ Juh§"e Love, Vice -Chairperson ATTEST: es�City Administrator (SEAL)