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HomeMy WebLinkAbout1122-20 2512 Co Rd H VarianceRf-,7 117-2-•Z41 pag( of 25 MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1122-20 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO REDUCE THE FRONT (SIDE) YARD SETBACK, FROM 30 -FEET TO A DISTANCE EQUAL TO THE SETBACK OF THE ATTACHED GARAGE, LOCATED AT 2512 COUNTY ROAD H2 (PLANNING CASE VR2020-005) WHEREAS, the applicants; William and Tiffany O'Malley, propose to add onto an attached garage, and are requesting a Variance to reduce the front (side) yard setback from 30', to a distance equaling the existing setback from Skiba Drive, on property located at 2512 County Road H2, legally described as: PID: 08-30-23-32-0061 Lot 1, Block 2, Random's First Addition WHEREAS, City Code, Section 1104.01, Subd (b) (Setbacks for Principal Buildings), requires setbacks "Not less than thirtyfeet (30 )from the lot line if lot is on corner and the lot line abuts a street."... The subject property is a corner lot abutting County Road H2 and Skiba Drive. The proposed garage addition will be attached to the principal building (e.g. attached garage); and, WHEREAS, there is no known survey of the property. The property owner is unable to locate property pins confirming where the property line is. Based on Ramsey County GIS (2018 aerial photos), Staff estimate the front (side) yard setback to be 26' — 27' from the Skiba Drive property line, whereas a minimum of 30' is required in the R-1 zoning district. The reduced setback causes the home and attached garage to be a non -conforming structure; and, WHEREAS, Minnesota Statute §462.357, Subd le (Nonconformities) states; ..."any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion"... The proposed addition is an expansion of a nonconforming building; and, WHEREAS, a Public Hearing notice was published in the Shoreview Press on October 13, 2020, and mailed to property owners within 350' of the subject property; and, WHEREAS, the Planning Commission conducted a Public Hearing on November 4, 2020; and, WHEREAS, the Mounds View Planning Commission has reviewed the Staff Report, submitted plans, and has compared the request to City Code, Section 1125.0 1, Subd 4 (Criteria for Granting Variances), and in consideration of public testimony, makes the following Findings of Fact (italics): Page Z of 5 1. 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 this Title. 2. 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 (2010). The Variance relates to the following: 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 providing flexible standards that address the unique circumstances of expanding existing single dwellings. The proposed addition onto the attached garage will improve the quality and appearance of the neighborhood. The addition is within the total combined size allowed for accessory buildings within the R -I district. 3. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Finding: It is reasonable for the garage addition to have a setback equal to the existing garage. 4. 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 home was built in 1971. The Building permit (#71-281) shows a 27' setback for the front (side) yard on Skiba Drive. It is not known what the required minimum setback was in 1971, but the current minimum setback is 30' within the R -I district. The unique circumstance is that the home was built with a setback that is nonconforming to current requirements. This nonconformity was not created by the applicant. 5. The variance does not alter the essential character of the neighborhood. Finding: The reduced setback for the attached garage addition will not alter the essential character of the neighborhood. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Finding: The requested variance, for the garage addition to match the setback of the existing garage, would alleviate the practical difficulties. 121=.5 1122 - 20 Page ?j of 5 7. 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 Commission, acting as the Board of Adjustment, based upon the above Findings, the Staff Report, and in consideration of public testimony, approves a Variance to reduce the front (side) yard setback, from 30' to a distance equaling the setback of the existing attached garage, located on property at 2512 County Road H2, with the following conditions: 1. The applicant shall obtain a Building Permit, and complete a lot survey, confirming building setbacks, easements, and building areas. 2. Permitted work shall begin within one year of the date of this Variance, or this approval shall expire, consistent with City Code, Section 1125.02, Subd 5 (Lapse of Variance or Appeal). Adopted this 4t" day of November, 2020. Attest: (Seal)