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e . - Resolution 5446 May 22, 2000 Page 2 b. The literal interpretation of the Code would deprive the applicants of the comfortable and reasonable use of their front yard. c. The conditions and circumstances which have prompted the request are not the responsibility or doing of the applicants. d. Granting the variance will not confer upon the applicants a special privilege in that the safe, comfortable and peaceful use of one's yard is an expectation, not a privilege. e. The eight-foot tall fence is the minimum necessary to screen the subject property from the adjacent property and its residents. f. Given the circumstances, the eight-foot tall fence would not be materially detrimental to the purposes of the Zoning Code or to other properties in this neighborhood. g. The eight-foot tall fence would not impair a supply oflight or air, would not increase congestion, would not increase the potential offire or endanger the public safety, nor would it diminish property values. NOW. THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City Council, based upon the above hardship findings, does hereby overturn Planning Commission Resolution No. 615-00, a resolution denying a variance for an eight-foot tall fence. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council approves a non-expiring variance for an eight-foot tall fence at 8438 Grove1and Road. Adopted this 8th day of May, 2000. /,.....-') /'" I .~...... _- / ' (,.., " 'j" \ / /LA ,r. '- / <~'c.-<'07l~ :..' \..__ ) ( Dan Coughlin, Mavot \... ~. J, ~L~~~~ Mi"chael Ulrich, lnterim City Administrator ATTEST: (SEAL) N:\DA T A \GROUPS\COMDEV\DEVCASES\VROO-002\Resolution 5446.doc