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HomeMy WebLinkAbout1139-21 5045 Red Oak VarianceMOUNDS VIEW PLANNING COMMISSION RESOLUTION 1139-21 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLULTION APPROVING A VARIANCE TO DECREASE THE SIDE YARD SETBACK FROM 5' TO 09, FOR A DRIVEWAY ON PROPERTY LOCATED AT 5045 RED OAK DRIVE (PLANNING CASE VR2021-002 WHEREAS, the applicant, Steve Firkus, has applied for a Variance to decrease the driveway side yard setback from 5, to 0', on property located at 5045 Red Oak Drive, legally described as: P ID : 07 - 3 0-2 3 -43 -0062 Lot 8 Block 7 of TWELVE OAKS 2ND ADDITION WHEREAS, the Mounds View Municipal Code 160.055(D)(2)(a)(2) requires a side yard setback of 5' for driveways, except the minimum setback shall be 30' from any lot line abutting a public street; and, WHEREAS, in September, 2021, the applicant replaced and expanded their driveway such that there is a 0' side yard setback, in violation of the City Code. The applicant is requesting approval of a Variance to allow the driveway to stay as -is; and, WHEREAS, the Mounds View Planning Commission held a duly noticed Public Hearing on October 20, 2021. A notice was published in the September 28, 2021 edition of the Shoreview Press, and mailed to property owners within 350' of the subject property; and, WHEREAS, the Planning Commission, acting as the Board of Adjustment and Appeals, may provide relief to the landowner in those cases where the code imposes practical difficulties to the property owner in the use of a 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 the Mounds View Municipal Code; Res 139-21 Page 2 of 3 Finding: The variance is in harmony with the Municipal Code. Section §160.342 (Schedule of Off -Street Parking Requirements), requires two -spaces for Single - Family dwellings. It is reasonable for a driveway to accommodate side -by -side parking for two vehicles. 2. The variance is consistent with the Comprehensive Plan; Finding: The Variance is not applicable to the Comprehensive Plan. 3. The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; Finding: It is reasonable for a single-family home to have a driveway wide enough to park two vehicles side -by -side. It is more practical to expand the driveway towards the side yard vs. the interior of the lot, because of changes in topography and to preserve a mature tree in the middle of the front yard. 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 chapter has had no control. The unique circumstances do not result from the actions of the applicant; Finding; The unique circumstance is that the home was built in 1956 with a one -car tuck - under garage, and driveway one -car wide. The applicant purchased the property in 2019. 5. The variance does not alter the essential character of the neighborhood; Finding; The variance does not alter the essential character of the neighborhood. Of the seven homes on the west side of the block, five homes have driveways with 0' side yard setbacks. The applicant's home is the sixth. All of these homes are similar in character (all appear to be identical) with single -car tuck -under garages, and two -car wide driveways. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties; and Finding: The variance requested is the minimum which would alleviate the practical difficulty. 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of the 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. Res139-21 Page 3 of 3 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 side yard setback for a driveway, from 5' to 0', on property located at 5045 Red Oak Drive, with the following conditions; 1. The applicant shall move the shed, such that it complies with the minimum 5' side yard setback, within 30-days (November 20, 2021). Adopted this 20th day of October, 2021. Ga undle, Chair Attest: JJoald. Community Development Director (Seal) • Doc No T02722425 Certified, filed and/or recorded on Jan 10, 2022 9:44 AM Office of the Registrar of Titles Ramsey County, Minnesota Todd J. Uecker, Registrar of Titles Heather L. Bestler, County Auditor and Treasurer Deputy 203 Pkg ID 1501235M Document Recording Fee Torrens $46.00 Document Total $46.00 Existing Certs 630627 This cover sheet is now a permanent part of the recorded document.