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HomeMy WebLinkAbout1121-20 2448 Clearview Ave VarianceMOUNDS VIEW PLANNING COMMISSION RESOLUTION 1121-20 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, LOCATED AT 2448 CLEARVIEW AVENUE (PLANNING CASE VR2020-004) WHEREAS, the applicant; Carl Stroeing, has requested a Variance to reduce the side yard setback from 5' to 0', to widen a driveway at 2448 Clearview Avenue, legally described as: PID: 08-30-23-32-0022 Lot 4, Block 1, Kowil Addition WHEREAS, the Mounds View City Code, Section 1104.01, Subd 4(b)(1), requires a minimum five-foot side yard setback for driveways in the R-1 Single Family Residential District. The property is zoned R-1 Single Family Residential; and, WHEREAS, a variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of property owner's land. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. No variances shall be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. A variance may be granted only in the event that all of the following circumstances exist (Findings in italics): 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 the Zoning Code. 2. The variance is consistent with the comprehensive plan. Finding: The Comprehensive Plan does not address driveway setbacks specifically, but relates to the following: Chapter 4 Housing Goals and Policies Goal 2: Maintain and upgrade the existing housing stock of the City, Policy a: Promote the rehabilitation and redevelopment of housing. 3. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Resolution 1121-20 Page 2 of 3 Finding: The home was built in 1952 with a detached l'/ car garage. Since then, it has been more common_for households to have more than one vehicle. It is reasonable to have a driveway that is two -cars wide. Further, it is reasonable that the proposed driveway be configured such that one side (e.g lane) of'the driveway is aligned with the garage door opening. The Applicant's request to align one lane along the .side yard (e.g. 0' setback) will allow the other lane to align with the garage door. Alternatively, if the 5' side yard setback were maintained, and the second driveway lane were to be between the garage and the house, it would likely necessitate the removal of a mature Maple tree, a High Value and Specimen Tree (over 16" in diameter), according to Mounds View City Code, Section 1127.02. It is the City's goal to ensure that development is compatible with the natural environment and is accommodated without destroying desirable environmental features and natural amenities. 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: Unique circumstances include a High Value Specimen Tree, which if the driveway were to be expanded to the west, this tree would need to be removed, or would be greatly damaged. Mature over -story trees have contributed towards the character and quality of life of the city's neighborhoods. The City places a higher value on tree preservation than on open space of minimal dimensions (e.g. preserving 5' side yard setbacks). 5. The variance does not alter the essential character of the neighborhood. Finding: One-third of the homes on the 2400 block of Clearview Avenue have driveways with setbacks less than 5'. Allowing the existing driveway to be reconstructed with a 0' setback, is not out of character with 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: Practical Difficulties include the location of the detached garage (5 '-6' setback, from side yard property line), and garage door opening (about 7'-8' setback), and the home's side door steeps. Reducing the side yard setback from 5 ' to 1', allows vehicles to be parked on the driveway without blocking access to the garage door. If the 5' setback were maintained, the driveway would be widened toward the house. The placement of the home's side door and steps, limits the length of'the driveway. Construction of this half'of the driveway would require excavation, causing damage to a High Value Specimen Tree, and possibly require its removal. Therefore, widening the driveway toward the side yard property line is the lesser of two evils. 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 Resolution 1121-20 Page 3 of 3 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 the Variance to reduce the side yard driveway setback from 5' to 1', with the following conditions: 1. The applicant shall obtain a Zoning Permit for the driveway and begin work within one year of approval of this Variance, or the Variance shall become void, consistent with City Code, Section 1125.02, Subd 5 (Lapse of Variance or Appeal). Adopted this 19'h day of August, 2020 Attest: �•, • .�tinfi•r;^ tail 14! ?J l�¢ ' f.r�' V ' .ti • a � fir.■'l � y a 4 r•r, i7 r Ga Steveff n, Chair Jo -n evald, Community Development Director Doc No A04855818 Certified, filed and/or recorded on Jan 7, 2021 12:47 PM Office of the County Recorder Ramsey County, Minnesota Todd J. Uecker, County Recorder Christopher A. Samuel, County Auditor and Treasurer Deputy 304 Pkg ID 1414500M Document Recording Fee Abstract $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.