2015.08.18 PC Packet Combined - Laserfiche WebLink

Home Browse Search

RESOLUTION NO. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT CONCERNING A VARIANCE REQUEST TO CONSTRUCT A THIRD STORY WHEN ONLY TWO AND A HALF STORIES IS NORMALLY ALLOWED WHEREAS, an application has been made by Micah and Chiemi Bly to permit construction of a 236 SF third story, and associated deck, at 1509 28th AVE NW, and WHEREAS, the procedural history of the application is as follows: 1. Application for a Variance was received on July 31, 2015. 2. A notice for public hearing was posted in the August 7th edition of the Sun Focus. 3. Public hearing notices were mailed to the property owners within 350' of the subject property on August 8, 2015. 4. Pursuant to published and mailed notice, the Planning Commission held a public hearing on August 18, 2015 where all parties present were given the opportunity to speak. WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the Variance (VN2015-001): 1. The property is zoned R — 1, Single Family Residential. 2. The property is guided in the Comprehensive Plan for LDR, Low Density Residential. 3. The property is legally described as Lot 3, Block 1, Oakwood Ponds, Ramsey County, Minnesota 4. The property is located at 1509 28th Avenue NW. 5. The applicant proposes to add a 236 SF third story addition when only 2 t/2 stories is normally allowed. 6. The existing home is considered two stories because the lowest level's perimeter is less than 50% below grade. 7. The Planning Commission, in accordance with Zoning Code Section 8-210 considered the following variance standards of Minnesota Statutes 462.357, subdivision 6: a. There are practical difficulties in complying with the Zoning Ordinance. b. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. c. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. d. The variance will not alter the essential character of the locality. e. The variance shall not be granted solely because of economic considerations. 10. The Planning Commission finds the criteria of Minnesota Statutes 462.357, subdivision 6 are not met and recommends denial of the request to add a third story, based upon the following findings: a. The applicant can achieve additional living space within a defined half story without the need for a variance. b. The precedent of allowing a third story could be detrimental to the community. IACommissions - NEW FOLDERTIanning Commission\2015\Working Docs\2015.08.18\VN2015-001 (Micah and Chiemi Bly) RESOLUTION.doc 1