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Home My WebLink About1058-16RESOLUTION No. 1058-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW AN ATTACHED GARAGE TO BE SET BACK FOUR FEET — SIX INCHES FROM THE SIDE YARD PROPERTY LINE, WHEREAS FIVE FEET IS REQUIRED, FOR PROPERTY LOCATED AT 7715 EASTWOOD RD; MOUNDS VIEW PLANNING CASE MU2016-002 WHEREAS, property owners Cynthia Brown and Terry Brown have proposed an addition onto an existing attached garage which currently encroaches six inches into the side yard setback. The garage addition would continue this encroachment. The property is located at 7715 Eastwood Rd, Mounds View, MN, legally described as: Lot 49 of Spring Lake Park Hill View PID: 06-30-23-44-0029 WHEREAS, the above-described lands are zoned R-1, Single -Family Residential, and designated Detached Single -Family Residential in the Comprehensive Plan; and, WHEREAS, the Mounds View City Code, Section 1104.01, Subd 4(b) requires accessory buildings to maintain a minimum five foot setback from side yard property lines; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Applicants' Narrative 2. Zoning Map 3. Aerial Map 4. Site Photos 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 impose 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 an advertised public hearing regarding this request on October 19, 2016; and, Resolution 1058-16 October 19, 2016 Page 2 WHEREAS, according to the Mounds View City Code, Section 1125.02, Subd 2, 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; and, NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subd 2 of the Mounds View City Code are satisfied, and finds there to be sufficient practical difficulty with regard to the property located at 7715 Eastwood Rd, and makes the following findings of fact related to its decision: 1. The variance is in harmony with the general purposes and intent of the City Code. 2. 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. 3. The applicants propose to use the property in a reasonable manner not permitted by the City Code. 4. 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 the Mounds View City Code has had no control. The unique circumstances are that the attached garage was constructed in 1975 by a previous owner (Permit # 75- 266), and located 4'-6" from the side yard property line. 5. The variance does not alter the essential character of the neighborhood. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. 7. 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 the City Code 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: Resolution 1058-16 October 19, 2016 Page 3 a. The applicant shall obtain a building permit for the garage addition, and shall construct the garage according to Building Code, and consistent with plans dated Sept 20, 2016. Adopted this 19th day of October, 2016. Ze Love, Vice -Chair ATTEST: James Ericson, City Administrator (SEAL)