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HomeMy WebLinkAbout1105-19MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1105-19 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING A VARIANCE FOR A SECOND DRIVEWAY ON PROPERTY LOCATED AT 2809 BRONSON DRIVE (PLANNING CASE VR2019-003) WHEREAS, the applicants; Jason and Deborah Lanz, propose to build a second garage and second driveway on property located at 2809 Bronson Drive, legally described as: PID: 07-30-23-24-0068 EX N 225 FT; LOT 11 of SPRING LAKE PARK KNOLLS WHEREAS, the property is zoned R-1 Single -Family Residential, and guided Single - Family Detached in the Comprehensive Plan (2008). The City Code, Section 1121.09, subdivision 5(e) limits Single -Family uses to one curb cut access per property unless, upon application for a Variance of this restriction, the Board of Adjustment and Appeals finds that it is in the interest of public safety to waive such; and, WHEREAS, the Applicants' Mother In -Law resides in the home, and has limited mobility. The intent of keeping the first (west) driveway is to allow the Mother In -Law to park on the driveway closest to the home's side door. The close proximity, is in the interest of public safety; 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. Finding: The Variance is in harmony with the general purposes and intent of the City Code. b. The variance is consistent with the comprehensive plan. Finding: The Variance is related to the following: Resolution 1105-19 Page 2 of 3 Residential 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. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Finding: Retaining the second driveway is reasonable if temporary, and if to be removed once its need by a resident with limited mobility, is no longer necessary. 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: There are no unique circumstances to the property. There are unique circumstances to the property's residents who have limited mobility. Allowing the Applicants to construct a second garage and driveway (east), while allowing the west driveway to remain, provides short proximity to the home's side door entrance, and therefore is in the interest of public safety. e. The variance does not alter the essential character of the neighborhood. Finding: The Variance does 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 Variance request is the minimum variance, alleviating the practical difficulties. 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 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. 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 the request for a Second Driveway, with the following conditions: Every two years, City Staff shall informally confirm with the property owner that the resident with limited mobility still resides on the property, and that the need for the second driveway still exists. Resolution 1105-19 Page 3 of 3 2. The Applicant shall remove the first (west) driveway (that portion within the front yard), and restore that area to lawn, within one year of the date that its resident with limited mobility, no longer resides on the property. 3. The property owner shall provide a $2,000 escrow to the City for the removal of the west driveway apron and curb replacement. The City may hold this escrow in a non-interest bearing account, and refund it to the Applicant only when the Applicant removes the west curb -cut and apron, and restores the curb and lawn to City standards. 4. The property owner shall construct the second (east) driveway within one year of the date of this Variance, in compliance of City Code, Section 1125.02, Sub 5 (Lapse of Variance). Adopted this 71 day of August, 2019 GaryStevenson, Chair Attest: Jon Sevald, unity Development Director (Seal) MID RA M S EY Package Receipt 09/05/2019 03:35 PM COUNTY County Recorder/Registrar of Titles 90 Plato Blvd W Auditor/Treasurer PO Box 64099 Ramsey County St. Paul MN 55164-0099 Email us at: Package#: 1316220 askcountyrecorder@co.ramsey.mn.us Deputy#: 501 Mounds View, City of Doc# Document Name Fee T2646933 Resolution $46.00 Total $46.00 Tender Amounts Charge $46.00 Total $46.00 Check Total $0.00 MouNns vIEw 2401 Highway 10•Mounds View. MN 55112-1499 Phone:763.717.4000 • Fax:763.717.4019 August 8, 2019, 2019 Ramsey County Recorder Attn:Abstract Department 90 West Plato Blvd. P.O. Box 64099 St. Paul, MN 55164-0099 To Whom It May Concern: Please accept the enclosed identified documents for recordation and charge applicable fees to the City's account: Resolution 1105-19 In addition, if these documents do not reach the appropriate department, please forward it to the appropriate department(i.e.,Torrens)for recording instead of sending it back to the City of Mounds View. If you have further questions, please contact me at(763) 717-4022 or at jon.sevald@moundsviewmn.org. Respectfully,Qt4s9.9 C) N Jon Sevald,AICP Community Development Director www.ci.mounds-view.mn.us Equal Opportunity Employer Doc No T02646933 Certified, filed and/or recorded on Sep 5, 2019 3:35 PM Office of the Registrar of Titles Ramsey County, Minnesota Tara J Bach, Registrar of Titles Christopher A. Samuel, County Auditor and Treasurer Deputy 501 Pkg ID 1316220M Document Recording Fee Torrens $46.00 Document Total $46.00 Existing Certs 379981 This cover sheet is now a permanent part of the recorded document. 0,,*\ 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 1105-19 A Resolution Approving a Variance for a Second Driveway on property located at 2809 Bronson Drive (Planning Case VR2019-003). WITNESS MY HAND, officially as such, as City Administrator and the corporate seal of the City of Mounds View this 8th day of2019. Nyle mun , City dministrator (SEAL) /"