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Home My WebLink About1102-19MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1102-19 CITY OF MOUNDS VIEW COUNTY OFRAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING A VARINACE TO INCREASE THE MAXIMUM COMBINED SQUARE FOOTAGE OF ACCESSORY BUILDINGS IN A REAR YARD, FROM 20% TO 26% (up to 800 sq ft) FOR A GARAGE AND BREEZEWAY; AND A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 30' TO 22' FOR A GARAGE, FOR PROPERTY LOCATED AT 2832 SHERWOOD ROAD WHEREAS, the applicant, Marsha Anderson, is requesting two Variances to construct a garage and breezeway (both are accessory buildings), on property located at 2832 Sherwood Road, legally described as: PID: 06-30-23-31-0020 SUBJ TO RDS AND EX E 379 1/10 FT THE N 1/2 OF LOT 64; AUDITOR'S SUBDIVISION NO. 89 WHEREAS, the property is zoned R-1 Single Family Residential, and guided Single - Family Detached in the Comprehensive Plan (2008); and, WHEREAS, the proposed garage measures 28' X 24' (672 sq ft), and proposed breezeway will measure up to 128 sq ft (800 sq ft, combined); and, WHEREAS, City Code, Section 1106.03, Subd 1(d) states; "The combined square footage of accessory buildings in a rear yard shall not exceed twenty percent (20%) of the rear yard." Per Ramsey County GIS mapping, the rear yard measures approximately 3,120 sq ft in area (20% = 624 sq ft). The proposed garage and breezeway = 26% in area of the rear yard, necessitating a Variance; and, WHEREAS, City Code, Section 1104.01, Subd 4(a)(1)(b) regarding Minimum Setbacks for Accessory Buildings, states; "side: five feet (5) except the minimum setback shall be thirty feet (30) from any lot line abutting a public street." The proposed garage will have an equal setback as the house, from Groveland Road. Per Ramsey County GIS mapping, the house is estimated to be set back 22' from the property line. A Variance is necessary to reduce the side yard building setback from 30' to 22'; and, WHEREAS, City Code, Section 1125.02, Subd 2 establishes the following criteria for granting a Variance (findings in italics): a. The variance is in harmony with the general purposes and intent of this Title. Resolution 1102-19 Page 2 of 4 Finding: It is the intent of this Title (City Code) that within the R-1 district, every lot with a dwelling be permitted to have at least a two -car garage. The house was constructed in 1956 without a garage. Mounds View City Code, Section 1106.02, Subdivision 1(b) states; "Every dwelling house hereafter erected [August 14, 2000] shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot" b. The variance is consistent with the comprehensive plan. Finding: The property is guided "Single Family Detached" (Residential]. Garages are not specifically addressed by the Comprehensive Plan (2008). The Variance relates to the following: Residential Goal 1: Preserve the identity and maintain and improve the quality and appearance of existing neighborhoods. Finding: The proposed garage and breezeway improve the property, and the appearance of the neighborhood. Goal 3: Encourage a creative approach to the use of land and related residential development. Policy C. The City will encourage the upgrade and expansion of homes by providing flexible standards that address the unique circumstances of expanding existing single dwellings. Finding: The proposed two -car garage is an upgrade from the existing 10'X 10'shed, and is integral to the use of the property. Approval of this Variance provides "flexible standards" addressing unique circumstances of this non- conforming lot (due to its small lot size). c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Finding: The proposed two -car garage and breezeway area reasonable use of the property. 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. Finding: Within the R-1 zoning district, the minimum lot size for a corner lot is 12,500 sq ft. The subject property is 9,470 sq It and is a non -conforming Resolution 1102-19 Page 3 of A lot, contributing to a rear yard area that severely restricts the maximum area of accessory buildings that could be built. If not to exceed 20% of the rear yard area, then 624 sq it is the maximum accessory building area permitted. The proposed two -car garage is 672 sq ft in area, and proposed breezeway is up to 128 sq ft in area (800 sq It total, or 26% of the rear yard area). e. The variance does not alter the essential character of the neighborhood. Finding: The proposed garage and breezeway will not alter the essential character of the neighborhood. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Finding: The proposed 24'X 28' two -car garage is a reasonable size, as is the 128 sq ft breezeway. 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 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. WHEREAS, A Public Hearing notice was dully published in the June 26, 2019 edition of the New Brighton/Mounds View Bulletin, and mailed to property owners within 350' of the subject property; and, WHEREAS, A Public Hearing was held by the Mounds View Planning and Zoning Commission on July 10, 2019; and, NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning and Zoning Commission, based upon the above findings, the staff report, and in consideration of public testimony, approves a Variance to allow a garage and breezeway (Accessory Buildings), not to exceed 800 sq ft in combined area (26% of rear yard), and to reduce the side (front) yard setback from 30' to 22', such that the garage setback matches that of the house, located on property at 2832 Sherwood Road, with the following conditions: The applicant shall obtain a building permit for the garage and breezeway, within one- year of the date of this Resolution (no later than July 10, 2020), unless requesting an extension at least 30 -days prior to this deadline, or approval of this Variance shall become void, consistent with City Code, Section 1125.02, Subd 5 (Lapse of Variance or Appeal). 2. The existing shed shall be removed prior to the City approving the Final Inspection of the garage. Resolution 1102-19 Page 4 of 4 Adopted this 10th day of July, 2019 Attest: (Seal) Gary Stevenson, Chair t Jon Sevald, Community Development Director Doc No T02645368 Certified, filed and/or recorded on Aug 19, 2019 9:18 AM Office of the Registrar of Titles Ramsey County, Minnesota Tara J Bach, Registrar of Titles Christopher A. Samuel, County Auditor and Treasurer Deputy 409 Pkg ID 1313121M Document Recording Fee Torrens $46.00 Document Total $46.00 Existing Certs 627362 This cover sheet is now a permanent part of the recorded document. MouNDs VIEW 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 with the original thereof on file in my office, and the same is a full, true and complete copy thereof, insofar as the same relates to: RESOLUTION 1102-19 A RESOLUTION APPROVING A VARIANCE TO INCREASE THE MAXIMUM COMBINED SQUARE FOOTAGE OF ACCESSORY BUILDINGS IN A REA YARD, FROM 20% TO 26% (UP TO 800 SQ FT) FOR A GARAGE AND BREEZEWAY; AND A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 30' TO 22' FOR A GARAGE, FOR PROPERTY LOCATED AT 2832 SHERWOOD ROAD WITNESS MY HAND, officially as such, as City Administrator and the corporate seal of the City of Mounds View this 29th day of July, 2019. Nyle Zikmund, City Administrator ,,.,(6.EAL) ti CC ,ot +1 1'4 'A a u- I rF-a a y +