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HomeMy WebLinkAbout1146-22 Variance 7975 Long Lake RoadMOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1146-22 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO EXCEED 18-FEET IN HEIGHT, AND TO EXCEED 35-FEET IN WIDTH, LOCATED AT 7975 LONG LAKE ROAD (PLANNING CASE CU2021-003) WHEREAS, the applicants; LaShawn Albert -Hart, and Gary Albert plan to build a 28' X 36' (1,008 sq ft) detached garage, 24' in height, on property located at 7975 Long Lake Road, legally described as: PID: 05-30-23-32-0011 Lot 7 of Woodlawn Terrace WHEREAS, Mounds View City Code § 160.087(A)(2) limits Accessory Buildings to a height of 18', or the height of the home (whichever is less); and, WHEREAS, Mounds View City Code § 160.088(E)(4) limits Accessory Buildings exceeding 952 sq ft to a width not exceeding 35'; and, WHEREAS, Mounds View City Code § 160.466 states (paraphrased) that a variance may be issued to provide relief to the landowner in those cases where the City Code imposes practical difficulties to the property owner in the use of their land. A variance may be granted only in the event that all of the following circumstances exist (Findings in italics); The variance is in harmony with the general purposes and intent of this chapter; Finding: The property is zoned R-1 Single Family Residential. Accessory Buildings area permitted Accessory Use. The requested Variance is in harmony with purposes and intent of the City Code. 2. The variance is consistent with the Comprehensive Plan; Finding: The requested 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; Resolution 1146-22 Page 2 of 3 Finding: The requested Variance is reasonable. The proposed 24' garage height will have a 10:12 roof pitch, similar to the home's 12:12 roof pitch. The garage's 36' width is reasonable for a 3-car 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 chapter has had no control. The unique circumstances do not result from the actions of the applicant; Finding: The home was built in 1941. In 2003, the applicant constructed a two- story addition, with a 12:12 roof pitch. Mounds View City Code §160.088(E)(3) requires that accessory buildings exceeding 952 sq ft, "shall be designed and maintained to provide a uniform appearance with the dwelling unit. " The proposed 1, 008 sq ft garage will have a 10:12 roof pitch, similar to the home. In order to achieve a uniform appearance, a variance to exceed 18' in garage height is necessary (24' proposed). The unique circumstance is the home's roofpitch, and the requirement of maintaining a uniform appearance. 5. The variance does not alter the essential character of the neighborhood; Finding: The proposed 24' tall, 36' wide garage, will not alter the essential character of the neighborhood. The proposed garage will be shorter than the neighboring two-story home. 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 to alleviate the practical difficulties. 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. WHEREAS, a Public Hearing notice was published by the Shoreview Press on January 18, 2022, and mailed to property owners within 350' of the subject property. The Planning Commission conducted a Public Hearing on February 2, 2022. NOW, THEREFORE BE IT RESOLVED, in consideration of the application, the Staff Report, and public testimony, the Mounds View Planning and Zoning Commission, acting as the Resolution 1146-22 Page 3 of 3 Board of Adjustment, hereby approves a Variance to allow an Accessory Building to exceed 18' in height, and 35' in width, with the following conditions: 1. Approval of this Variance is contingent upon the City Council's approval of a Conditional Use Permit for an Accessory Building exceeding 952 sq ft in area. 2. The applicant shall apply for a Building Permit to construct the Accessory Building within one year of the date of approval of the Conditional Use Permit, or this Variance approval shall become void, consistent with Mounds View City Code § 160.469 (Lapse of Variance or Appeal). 3. The applicant shall build the Accessory Building consistent with plans reviewed by the Planning & Zoning Commission at its February 2, 2022 meeting (e.g. the detached garage shall be no more than 24' tall, and 36' wide). Adopted this 2nd day of February, 2022. Chair ATTEST: Community Developinnbnt Director (SEAL)