2001 Planning Commission Packets

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Resolution 648-01 Pinewood Variance March 7, 2001 Page 2 `��E�A�, the purpose af the variance provision in the Zoning Code is to give reiief to property owners when the strict enforcement of the zoning code requireinents imposes a hardslaip thereby restricting the impravement of property due to p�-actical difficulties brought about by unique or extraordinaYy features of ihe physical property that are beyond the property owner's control; azzd, W�E�t�S, a public hearing was held Wednesday, March 7, 2001, with regard to this varzance request; asid, � ��E�AS, according to Section 1125.02, Subdivision 2 of ihe Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which aIl must be satisfied, in order to grani a vaziance to the Zoning Code. NO�JV, 'I'��+ ii�F01�, �E TT I2ES�I.�I), the Mounds �/iew Planning Commission has reviewed the criteria identified in Section 1125.Q2, Subdivision 2 of the Mounds View Municipal Code and malces the following findings of fact: Exceptianal or extraordinary circumstances apply io 5500 Quincy Street v�rhich do not apply generally io other propex-ties in the same zone ar vicinity and result from circumstances over which the owners of the property have had no control, in that the non-conforming parking Iot alongside Quincy Street has existed in this fashion for many years presumably with the City's knowiedge and permission. 2. Wlule the literai interpretation of the provisions of the Zoning Code would not deprive the applicant of rights commonly enjoyed by other properties witlnin the district, the sirict interpretation of the Code could cause the loss of 27 parking spaces at a facility already experiencing a parking shortage. 3. Staff was unable to de#ermine if any agreements were filed with regard to the parking lot configuration. It is possible that the school district had received same level of approval from the City in ordar to construct the parlcing lot where it exists now. 4. Granting the vaziance requested wiil not confer on the applicant any special privilege that is denied by the Zoning Code to owners of other lands, stru.ctures or buildings in the R-ldistrict. Pinewood Elementary is unique for the district in which it is located in that it is a school within a single-family residential district. The school is inherently different from a. house in many ways az�d thus the variance, if granted, couid not be construed as a special privilege. 5. The variance to allow a zero-foot pa,rking lot setback along the west property line is ihe minimum variance to alleviate the hardship, especially considering the parking lot encroaches aver the property line and into City righfi of vvay by seven feet.