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Home My WebLink About1151-22 Variance 5048 Greenwood DrMOUNDS VIEW PLANNING COMMISSION RESOLUTION 1151-22 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO EXCEED THE MAXIMUM ACCESSORY BUILDING HEIGHT, FROM 18-FEET TO 19-FEET, FOR PROPERTY LOCATED AT 5048 GREENWOOD DRIVE (Planning Case VR2022-002) WHEREAS, the applicant, John Ellis, has applied for a Variance to increase the maximum Accessory Building height, from 18' to 18'-6", on property located at 5048 Greenwood Drive, legally described as: P I D: 07-30-23-44-0117 That part of the South '/2 of the South '/2 of the Southeast'/4 of Section 7, Township 30 North, Range 23 West, Ramsey County, Minnesota, described as follows: Beginning at the Southeast corner of said Section 7; thence North 10 rods; thence West 16 rods; thence South 10 rods; thence East 16 rods to point of beginning, except the east 152.24 feet thereof, according to the United States Government Survey thereof and situated in Ramsey County, Minnesota. WHEREAS, The Mounds View City Code §160.087(A)(2) states that Accessory Buildings shall not exceed 18' in height, or that of the principal structure, whichever is less; and, WHEREAS, the Planning Commission held a duly noticed Public Hearing on September 7, 2022. A Public Hearing notice was published in the Shoreview Press on August 16, 2022, and mailed to property owners within 350' of the subject property; and, WHEREAS, a variance to the provisions of Chapter 160 (Zoning) may be issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, by the Director of Community Development as explained in §160.470 of this chapter, 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; and, WHEREAS, 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; Resolution 1151-22 Page 2 of 3 Finding: The proposed Accessory Building is a permitted use, but for the height exceeding 18'. 2. The variance is consistent with the Comprehensive Plan; Finding: The variance to Accessory Building height is not addressed in 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: The proposed Accessory Building height (19) is reasonable. 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. I he unique circumstances do not result from the actions of the applicant. Finding: The home was built in 2012 with a roof pitch of 5112, and 6112 according to building plans. The proposed detached garage will have a roof pitch of 8112. The Unique circumstance is the desire for the detached garage to be similar in character to the house (e.g. gable roof with a similar roof pitch). 5. The variance does not alter the essential character of the neighborhood; Finding: The 19' tall Accessory Building will not alter the essential character of the neighborhood. The garage will be similar in height to what "could" be built elsewhere in 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 variance requested is the minimum variance which would 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. 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, APPROVE a Variance to increase the maximum height of an Resolution 1151-22 Page 3 of 3 Accessory Building, from 18' to 19' (the requested 18'-6" is rounded up to the nearest foot), on property located at 5048 Greenwood Drive, with the following conditions; 1. The Accessory Building (garage) shall comply with all Building and Zoning codes (e.g- shall not be located in an easement, and shall comply with minimum setbacks). 2. The Applicant shall obtain a Building Permit within one year of the date of this Variance unless an extension is granted, or approval of this Variance shall become null and void, consistent with Mounds View City Code §160.469 Lapse of Variance or Appeal). Adopted this 7th day of September, 2022. Gary Rundle, bKair Attest: Jon Sa_vald-, Community Development Dir ctor (Seal)