HomeMy WebLinkAbout1106-19MOUNDS VIEW PLANNING COMMISSION
RESOLUTION 1106-19
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM
5' TO 3' FOR A DRIVEWAY ON PROPERTY LOCATED AT 8405 RED OAK DRIVE
WHEREAS, the applicant, Tim Rodgers, is requesting a Variance to reduce the side yard setback
from 5' to 3' for a driveway on property located at 8405 Red Oak Drive, legally described as:
PID: 06-30-23-12-0034
SUBJ TO RD & ESMTS & EX E 264 FT; THE N 81 FT OF S 2511 FT
OF E 528 FT OF W 1056 FT OF NE 1/4 OF SEC 6 TN 30 RN 23
WHEREAS, the property is zoned R-1 Single Family Residential, and guided Single -Family
Detached in the Comprehensive Plan (2008); and,
WHEREAS, the Mounds View City Code, Section 1104.01, Subdivision 4(b)(1) states;
"Driveways shall have a minimum setback offive feet (5 ) from any lot line "...; and,
WHEREAS, the Planning Commission held a duly noticed Public Hearing on September 4,
20109; 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 property is guided "Single Family Detached" [Residential]. Driveways 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 identity of the neighborhood includes many mature trees
along Red Oak Drive, and within yards. The property includes a
mature oak tree located between the driveway and home. If not
for the variance, the tree would likely need to be removed to
allow a sufficiently wide driveway (one car wide).
Resolution 1106-19
Page 2 of 3
c. The applicant proposes to use the property in a reasonable manner not permitted by this Title
or the City Code.
Finding: The proposed 3' driveway setback is reasonable, and will match the setback of
the existing driveway apron.
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: The pre-existing dirt driveway serviced the house, built in 1941. The driveway
was located adjacent to the north side yard property line. In 2009, the City
installed a concrete driveway apron, with a 3' side yard setback with the intent of
matching the existing (2009) driveway opening while complying with City Code
requirements as much as practical. The Unique circumstance is the location of
the pre-existing driveway (1941), and the 3' setback of the pre-existing (2009)
driveway apron. It is reasonable for the driveway setback to match that of the
driveway apron setback.
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 acting as the Board of Adjustment, based upon the above Findings, the staff report, and in
consideration of public testimony, Approves of the Variance request to reduce the side yard setback from
5' to 3', with the following conditions:
The property owner shall remove that portion of the driveway (near the garage) which encroaches
less than 3' from the side yard property line, within 60 days (November 4, 2019).
2. The property owner shall remove that portion of the retaining wall within the Red Oak Drive
Right -of -Way within 60 days (November 4, 2019).
The applicant shall obtain a Zoning Permit if to expand 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).
Resolution 1106-19
Page 3 of 3
Adopted this 4' day of September, 2019
Gary Stevenson, Chair
Attest: A" -'EV -C
Jon Sevald, Community Development Director
(Seal)
MoUNns VIEW
2401 Highway 10•Mounds View, MN 55112-1499
Phone:763.717.4000 • Fax:763.717.4019
STATE OF MINNESOTA)
ss.
COUNTY OF R.AMSEY)
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 1106-19 RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE
YARD SETBACK FROM 5' TO 3' FOR A DRIVEWAY ON
PROPERTY LOCATED AT 8405 RED OAK DRIVE
WITNESS MY HAND officially as such City Administrator and the corporate seal of
the City of Mounds View this 18th day of September, 2019.
(SEAL)
Nyle mu , y Administrator
www.ci.mounds-view.mn.us
Equal Opportunity Employer