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Home My WebLink About1162-23MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1162-23 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 5-FEET TO 0-FEET FOR A DRIVEWAY, LOCATED AT 7830 SPRING LAKE ROAD WHEREAS, the applicant, Daniel Dreier, is requesting approval of a Variance to reduce the side yard setback from 5' to 0' to construct a second driveway on property located at 7830 Spring Lake Road, legally described as: PID:06-30-23-33-0006 AUDITOR'S SUBDIVISION NO. 89 EX N 466 FT THE E 137 FT OF LOT 23 WHEREAS, there is no parking permitted on Spring Lake Road in front of the subject property, At some point in time, a gravel parking area was established alongside the paved road, and within the road right-of-way. As part of the 2022/2023 Area K Street Improvement Project, Spring Lake Road is being reconstructed, and a trail will be constructed along the west side of Spring Lake Road, thereby displacing the gravel parking area in front of the subject property; and, WHEREAS, Mounds View City Code §160.338(E)(7) states; In conjunction with street improvement projects or in conjunction with individual driveway replacement projects, non -conforming curb cuts shall be made conforming to whatever extent practicable. If, in the opinion of the Directors of Public Works/Parks and Recreation and Community Development, a non -conforming curb cut cannot be made conforming without undue hardship or disruption to the property, the curb cut may remain in existence, unchanged. Decisions regarding curb cuts may be appealed in writing to the City Council. WHEREAS, the Directors of Public Works/Parks and Recreation and Community Development determined that the gravel parking area is a non -conforming second curb cut, to be removed and not replaced. The applicant appealed, and applied for a Variance to keep a second curb -cut. The City Council approved a Variance for a 12' wide second curb -cut (Resolution 9757); and, WHEREAS, the applicant proposes that the second curb cut be placed south of an existing oak tree, and north of the common property corner of 7830 and 7785 Spring Lake Road, as illustrated on the applicant's Variance application. The exact location of the property corner is unknown without the benefit of a survey, but is approximately 15' +/- from the oak tree; and, WHEREAS, Mounds View City Code §160.055(D)(2)(a) requires driveways to have a minimum setback of 5'. If complying with this setback, there is not enough space between the setback and the tree to accommodate a 12' wide driveway; and, WHEREAS, the applicant has requested a Variance to reduce the side yard driveway setback, from 5' to 0', to accommodate a 12' wide driveway; and, Resolution 1162-23 Page 2 of 3 WHEREAS, the Mounds View Planning and Zoning Commission, acting as the Board of Adjustment, held a Public Hearing on Wednesday, July 19, 2023. A Public Hearing notice was published by the St. Paul Pioneer Press on July 8, 2023, and mailed to property owners within 350' of the subject property; and, WHEREAS, Mounds View City Code §160.466 establishes criteria for granting Variances. The Planning Commission may approve a Variance where the City Code imposes practical difficulties to the property owner, 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 chapter; FINDING: The Variance is in harmony with the general purposes and intent of the City Code. Reducing the driveway side yard setback from 5' to 0' should not impact the adjacent property. 2. The variance is consistent with the Comprehensive Plan; FINDING: The Variance is not applicable to the Comprehensive Plan. The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; FINDING: The encroachment of the driveway into the 5'side yard setback is a reasonable use compared to the alternative of removing a mature oak tree, or the alternative of placing the driveway 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 northwest property of 7785 Spring Lake Road is shaped like a narrow wedge in-between the applicant's property (7830 Spring Lake Road), and the road right-of-way, serving no practical use other than open space. Reducing the driveway setback from 5' to 0' from the common property corner will allow the applicant to construct a driveway of adequate width, with a 12' curb cut, thereby preserving a mature oak tree which otherwise would need to be removed to accommodate the driveway width, if this Variance were not approved. 5. The variance does not alter the essential character of the neighborhood; FINDING: The variance does 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. Resolution 1162-23 Page 3 of 3 FINDING: The variance request is the minimum to alleviate the practical difficulties. A 12' wide driveway can reasonably accommodate one vehicle width, while preserving the existing oak tree. 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 and Zoning 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 setback from 5' to 0' to construct a driveway with a maximum 12' curb cut, to be located at the north common property corner of 7830 Spring Lake Road, and 7785 Spring Lake Road, with the following conditions: 1. The applicant shall complete all requirements of the Mounds View Private Improvement Program (PIP), as it relates to the second curb cut. 2. The applicant shall obtain a Zoning Permit to construct the driveway within one year after the curb cut is installed by the City. The driveway shall comply with all City Codes and regulations. 3. The applicant shall locate the property iron, or have a surveyor reset the property iron if none found. This shall be completed prior to installing the driveway. 4. The applicant shall construct the driveway within one year of obtaining a Zoning Permit. Adopted this 19th day of July, 2023. d g l� lJ Gary dU--, Chair ATTEST: Jon a , Community Develop t Director (Seal) Doc No T02760683 Certified, filed and/or recorded on Sep 8, 2023 8:12 AM Office of the Registrar of Titles Ramsey County, Minnesota Todd J. Uecker, Registrar of Titles Tracy M. West, County Auditor and Treasurer Deputy 408 Pkg ID 1587026M Document Recording Fee Torrens $46.00 Document Total $46.00 Existing Certs 565316 This cover sheet is now a permanent part of the recorded document. MOUNDS VIEW 2401 Highway 10•Mounds View, MN 55112-1499 Phone:763.717.4000 • Fax 763.717.4019 STATE OF MINNESOTA) ss. COUNTY OF RAMSEY) I, the undersigned, being the duly qualified City Administrator of the City of Mounds View, Minnesota, hereby certify that I have carefully compared the attached and foregoing document with the original thereof on file in our office, and the same is a full, true and complete copy thereof, insofar as the same relates to: Resolution 1 162-23 PID:06-30-23-33-0006 RESOLUTION APROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 5-FEET TO 0- FEET FOR A DRIVEWAY, LOCATED AT 7830 SPRING LAKE ROAD WITNESS MY HAND officially as such City Administrator and the corporate seal of the City of Mounds View this 17th day of August 2023. (SEAL) r. _ n. , Nyle Zi un ity Administrator e • '• P i -• • , 1-14 Page 1 of 1 M uNns VIEW 2401 Highway 10•Mounds View. MN 55112-1499 Phone:763.717.4000 • Fax:763.717.4019 August 17, 2023 Ramsey County Recorder Attn: Abstract Department 90 West Plato Blvd. P.O. Box 64099 St. Paul, MN 55164-0099 To Whom It May Concern: Please accept the enclosed identified documents for recordation and charge applicable fees to the City's account: RESOLUTION 1162-23; RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 5-FEET TO 0-FEET FOR A DRIVEWAY, LOCATED AT 7830 SPRING LAKE ROAD In addition, if these documents do not reach the appropriate department, please forward it to the appropriate department(i.e.,Torrens)for recording instead of sending it back to the City of Mounds View. If you have further questions, please contact me at(763) 717-4022 or at ion.sevald@moundsviewmn.org. Respectfully,ul39 C)rit4 Jon Sevald,AICP Community Development Director www.ci.mounds-view.mn.us Equal Opportunity Employer