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MOUNDS VIEW PLANNING COMMISSION <br />RESOLUTION NO. 556 -98 <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />RESOLUTION APPROVING A VARIANCE TO THE REQUIRED TWO -FOOT SIDE <br />YARD SETBACK FOR A SIDEWALK LOCATED AT 5249 GREENFIELD AVENUE; <br />PLANNING CASE NO. 533 -98 <br />WHEREAS, the Mounds View Planning Commission has reviewed the request of <br />Timothy White to permit a sidewalk within the two -foot sideyard setback at his home located at <br />5249 Greenfield Road; and, <br />WHEREAS, this property is zoned R -1, Single Family Residential District and is legally <br />described as: <br />Lot 15, Block 2, Eigenheer Second Addition <br />WHEREAS, the Planning Commission has reviewed the following documents associated <br />with this request: <br />1. Planning Application <br />2. Location Map <br />3. Zoning Map <br />4. Site Plan <br />WHEREAS, the sidewalk for which this variance is requested by the applicant has already <br />been constructed, replacing a sidewalk that had been present in excess of twenty years; and, <br />WHEREAS, exceptional or extraordinary circumstances do apply to the property which <br />do not apply generally to other properties in the same zone or vicinity and result from lot size or <br />shape, topography or other circumstances over which the owners of the property since the <br />effective date hereof have had no control. <br />WHEREAS, the literal interpretation of the provisions of this Title would deprive the <br />applicant of rights commonly enjoyed by other properties in the same district in that the slope of <br />the land laying between the garage and the adjoining property necessitates that some type of <br />walkway be constructed to access the garden area and shed to the rear of the garage; and, <br />WHEREAS, special conditions or circumstances do not result from the actions of the <br />applicant in that the grade of the land is somewhat inhibitive for access without a leveling of the <br />grade (which could disrupt drainage) or installation of a sidewalk; and, <br />