HomeMy WebLinkAbout1077-17RESOLUTION 1077-17
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RE, SOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK
FROM t * rRIVE' WAY TO BE
LOCATE r', AT ROAD;
PLANNING
WHEREAS, the City of Mounds View Municipal Code, Section 1104.11, Subd 4(b)(1),
requires that driveways have a minimum side yard setback of 5' within the R-1 Single -Family
Residential district, and,
WHEREAS, the applicant, Tracy Henry, has applied for a Variance to reduce this
setback to 3.5, for a driveway on property at 5211 Sunnyside Rd, legally described as:
PID: 07-30-23-42-0045
Lot 31, Bloch 1 of Red Oak Estates
WHEREAS, the City of Mounds View Municipal Code, Section 402.01 establishes a
Board of Adjustments and Appeals, consisting of all appointed members of the Planning
Commission, and,
WHEREAS, the City of Mounds View Municipal Code, Section 1125.02, Subd 2
establishes criteria for granting of a variance, stating a "variance may be granted only in the
event that all of the following circumstances exists:" (Findings in italics)
a. The variance is in harmony with the general purposes and intent of this `title,
Findings: The requested variance is in harraaony with the City o f -Allo ends View
Municipal Code.
b. The variance is consistent with the comprehensive plan.
Findings: The requested variance is not addressed within the Coml-7r chensive Placa.
Resolution 1077-17
Page'2
C, The applicant proposes to use the property in a_reasonable manner not permitted by this
Title or the City Code..
Findings: The requested variance is -a reasonable use of the property. The intent of
the variance is to allow an RV to be parked beside the garage, The
garage (excluding roof eves) is set back 1S' from the side property line.
The variance, reducing the setbcackfrom 5' to 3.5 will allow storage of
the RV with a proper height clearance to avoid hitting the roof eves:
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.
Findings: Unique circumstances include terraced topography within the backyard,
providing cliffrcrdty> if a parking pad -ia ere placed therefor an RV if
placed in the backyard, the RV could still meed to be accessed through the
south side yard (e.g. side yard driveway), presenting the same problem of
encroaching into the 5' setback to avoid hitting the garage roof eves;
C. The variance does not alter the essential character of the neighborhood.
Findings: The requested variance does not alter the essential character of the
neighborhood. The adjacent horse at 5205 Sunnyside Rd includes a
parking area within the north side yard, adjacent to the subject property.
f The variance requested is the minimum variance which would alleviate the practical
difficulties. Economic conditions alone do not constitute practical difficulties.
Findings: The requested variance is the minimum variance which would alleviate the
practical difficulty. The proposed driveway will be 10' w4de.
g. The Board of Adjustment and Appeals may impose such conditions upon the premises
benefited by a variance as may be necessary to comply with the standards established b
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..
Findings- - of Applicable.
WHEREAS, the Planning Commission held a Public [fearing on September 6, 2017,
noticing all property owners within 350' of the subject property, and publishing notice in the
Mounds View —New 'Brighton Sun Focus on August 25, 2017, and,
Resolution 1077-17
Page 3
NOW, THE REFORE, BE IT RESOLVED, basal upon the above findings the
information and documents regarding the requested variance, the Staff Report, and testimony of
the applicant, and in consideration of public testimony, the Planning Commission does hereby
approve a variance, with the following conditions:
1.
The applicant shall obtain a Zoning Permit to construct the driveway within one-year of
the date of approval of this variance, or this variance shall become void, in compliance
with Mounds View Municipal Code, Section 1125.02, Subd 5 (Lapse of Variance or
Appeal).
Adopted this 6t day of September, 2017
Yz,..
ary Stevenson, Chair
Ton Seal , City PlannerlSupervisor
11010111101011
Doc No T02602510
Certified, filed and/or recorded on
Nov 29, 2017 10:38 AM
Office of the Registrar of Titles
Ramsey County, Minnesota
Susan R Roth, Registrar of Titles
Christopher A. Samuel, County Auditor and Treasurer
Deputy 406 Pkg ID 1221430M
Document Recording Fee Torrens $46.00
Document Total $46.00
Existing Certs
533197
This cover sheet is now a permanent part of the recorded document.
533 c\
MOUND VIEW
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. 1077-17, "RESOLUTION APPROVING A VARIANCE TO
REDUCE THE SIDE YARD SETBACK FROM FIVE FEET TO THREE FEET-SIX
INCHES, FOR A DRIVWAY TO BE LOCATED ON PROPERTY AT 5211 SUNNY
SIDE ROAD; PLANNING CASE 1077-17".
WITNESS MY HAND officially as such Interim City Administrator and the
corporate seal of the City of Mounds View this 16th day of November,
2017.
(SEAL)
Nyle mund, terim ity Administrator
•f .. \17
www.ci.mounds-view.mn.us
Equal Opportunity Employer
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