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HomeMy WebLinkAbout1117-20 3016 Woodale DrMOUNDS VIEW PLANNING COMMISSION RESOLUTION 1117-20 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO REDUCE THE FRONT YARD SETBACK FOR A GARAGE, LOCATED AT 3016 WOODALE DRIVE (PLANNING CASE VR2020-002) WHEREAS, the applicant; Jennifer Oxendale, is requesting a Variance to reduce the front yard setback from 30' to 26' for an attached garage to be located at 3016 Woodale Drive, legally defined as: PID: 07-30-23-33-0017 EX S 100 FT THE W 92 FT OF E 192 FT OF LOT 62, KNOLLWOOD PARK, RAMSEY CO., MINN. WHEREAS, the property is zoned R-1 Single -Family Residential; and, WHEREAS, the property includes a house built in 1961, and detached garage built in 1963. The house has a front yard setback of 30', and the detached garage has a front yard setback of 25'; and, WHEREAS, the Mounds View City Code, Section 1104.0 1, Subd 4(a)(1)(a) requires that no accessory building (e.g. detached garage) shall be located between the front of the principal building (e.g. house) and the front lot line. Therefore; the existing detached garage is a non -conforming building because it has a lesser setback than the house; and, WHEREAS, the applicant plans to remove the existing house and detached garage, and build a new house and attached garage (becomes part of the principal building). The new house will be built using the foundation of the existing house. The new attached garage will be built where the existing garage is, but will expand its footprint 2' within the 30' front yard setback area; and, WHEREAS, MN Stat §462.357, Subd le (Nonconformities) states that (paraphrased) any nonconformity may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion unless; a building permit has been applied for within 180 days of when the building is damaged beyond 50% of its value (e.g. when the house and detached garage are removed); and, WHEREAS, the applicant is requesting to expand the footprint of a non -conforming building (detached garage) within the 30' front yard setback, reducing the setback to 26'; and, WHEREAS, the Mounds View City Code, Section 1125.02, Subd 2 states that "A variance may be granted only in the event that all of the following circumstances exist:" [Findings in italics] a. The variance is in harmony with the general purposes and intent of this Title. Resolution 1117-20 Page 2 of 3 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 zoned R-1 Single -Family Residential, and is guided Single - Family Detached in the Comprehensive Plan (2010). The request relates to the following Goals and Policies of the Comprehensive Plan: Land Use: Residential: Goal 1: Preserve the identity and maintain and improve the quality and appearance of existing neighborhoods. 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 providingflexible 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: The proposed front yard encroachment by the planned garage, is a reasonable use. 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 unique circumstance is the existing detached garage encroaching into the 30' front yard setback, and was not created by the applicant. The applicant's planned 2' expansion of the non -conforming garage's footprint for the new garage is the result of the applicant, but is reasonable for a 24' -wide garage, in the opinion of the Planning Commission. e. The variance does not alter the essential character of the neighborhood. Finding: The variance (reduced setback) 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 variance request; to reduce the front yard setback from 30' to 26' for the expansion of a non -conforming building, is the minimum variance which would alleviate the practical difficulty (e.g. narrow garage footprint, and encroaching into the front yard setback). Resolution 1117-20 Page 3 of 3 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 requested to reduce the front yard setback from 30' to 26', with the following conditions: 1. The applicant shall apply for a building permit for the home and attached garage, within six - months of the removal of the existing detached garage. 2. The applicant shall construct the planned attached garage, consistent with the location shown on the site plan, dated March 12, 2020. Adopted this 15`x' day of April, 2020 r. Gary Steven n, Chair Attest; Jon Sevald, Community Development Director (Seal)