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Home My WebLink About1109-19RESOLUTION 1109-19 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MOUNDS VIEW A RESOLUTION RECOMMENDING APPOINTMENTS TO THE MOUNDS VIEW PLANNING COMMISSION WHEREAS, the Mounds View City Code, Chapter 401 establishes a Planning and Zoning Commission consisting of seven members of the resident population, other than elected officials, to be appointed by the City Council based upon the recommendation of the Planning and Zoning Commission. Such Commission members may be appointed to three year terms; and, WHEREAS, one Commission member's term expires on December 31, 2019. The City solicited applications for city advisory commissions, to be submitted to the City no later than November 12, 2019. The City received two applications to serve on the Planning and Zoning Commission; and, THEREFORE, BE IT RESOLVED, based upon the review of applications for Planning and Zoning Commission members, the Commission hereby recommends to the City Council that the following resident be appointed to the Mounds View Planning and Zoning Commission for terms expiring December 31, 2022: sky AoA,- BE IT FINALLY RESOLVED, that the Mounds View Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 4' day of December, 2019. ATTEST: Jon Sevald, Community Development Director • Doc No T02645367 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 274309 This cover sheet is now a permanent part of the recorded document. 2Tv30c. . 4,0., 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 1101-19 RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM FIVE FEET TO ONE FOOT, FOR A DRIVEWAY TO BE LOCATED ON PROPERTY AT 2296 TERRACE DRIVE; PLANNING CASE VR2019-002 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 (un , City Administrator (SEAL) .! a: / r= i i 1 Resolution 1101-19 City of Mounds View County of Ramsey State of Minnesota RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM FIVE FEET TO ONE FOOT, FOR A DRIVEWAY TO BE LOCATED ON PROPERTY AT 2296 TERRACE DRIVE; PLANNING CASE VR2019-002 WHEREAS, the City of Mounds View Municipal Code, Section 1104.01, Subd 4(c)(1)(a),requires that driveways have a minimum side yard setback of 5' within the R-1 Single-Family Residential district; and, WHEREAS,the Applicant, Ronald O'Connell,has applied for a Variance to reduce this setback to 1', such that the proposed driveway aligns with an existing retaining wall, approximately 1' set back from the side yard property line of property located at 2296 Terrace Drive, legally described as: PID: 05-3 0-23-43-0079 Lot 16, Block 8 of Pinewood Terrace No. 3 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 harmony with the City of Mounds View Municipal Code. The intent of the 5'setback is to provide a buffer between driveways and adjacent property. The neighboring property is sufficiently buffered by an existing retaining wall on the subject property, and by mature trees on the neighboring property. There would not be a substantial difference if vehicles were parked 1'from the property line versus 5'. 2 Resolution 1101-19 Page 2 of 3 b. The variance is consistent with the comprehensive plan. Findings: The requested variance is not addressed within the Comprehensive Plan. 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 existing driveway within the front yard is 15'in width, too narrow to park two vehicles side-by-side. Along the west side of the driveway is a retaining wall and a mature tree. Along the east side of the driveway is a gravel area, and a retaining wall at or near the side yard property line. A two-vehicle wide driveway is a reasonable use of the property. Reducing the side yard setback to widen the driveway would preserve these mature trees. It is more desirable to preserve these trees than it is to preserve the 5'side yard setback. 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 a mature tree located west of the driveway and retaining wall, which would require removal if the driveway were to be widened to allow two-car widths, and maintain the minimum required 5'side yard setback. e. The variance does not alter the essential character of the neighborhood. Findings: The variance does not alter the essential character of the neighborhood. Referring to aerial photos, there are multiple properties in the immediate area whose driveways or parking areas encroach into the side yard setback. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Findings: The variance requested is the minimum variance which would alleviate the practical difficulties of a narrow driveway. It is the City's desire that property owners maintain and preserve mature trees. In this case, the City desires that the mature tree be Resolution 1101-19 Page 3 of 3 preserved at the cost of reducing the side yard buffer between the driveway and neighboring property. 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. Findings: Not Applicable. WHEREAS,the Planning Commission held a Public Hearing on June 19,2019,noticing all property owners within 350' of the subject property, and publishing notice in the New Brighton—Mounds View Bulletin on June 5, 2019; and, NOW,THEREFORE,BE IT RESOLVED, based 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 19th day of June, 2019 /--2/ Ga undle,Vice-Chair ATTEST: Jon evald, Community Development Director (SEAL)