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. . Resolution 6050 Page 2 WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the City is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council hereby makes the following findings of fact related to this request: 1. Exceptional or extraordinary circumstances DO apply to this property in that the development potential of the lot is restricted by its size, the County's taking of ten feet of right of way alongside County Road I and the City's corner lot setback requirements. 2. The literal interpretations of the Code deprive the property owner of rights enjoyed by others in that the posting of No Parking signs has limited Mr. Farrell's ability to utilize on-street parking to serve his business' needs. 3. While the applicant is wholly responsible for the volume of parking on his lot, Mr. Farrell did not design the building or site plan and anticipated utilizing on-street parking for overflow purposes. 4. Granting the variance would not confer on the applicant any special privilege in that other commercially-zoned properties have been awarded reduced parking setbacks in unique situations 5. Approving a variance from the approved 10-foot parking lot setback to a 2-foot setback along Greenfield Avenue is the minimum variance to alleviate the hardship in that two additional parking stalls could be added to the lot 6. The variance would NOT be materially detrimental to the purposes of the Zoning Code or to any property in the Business Commercial zoning district in that the variance would serve to minimize the amount of on-street business parking associated with the businesses at 2402 County Road I. 7, The reduced setback would NOT impair a supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View City Council, based upon its review of the documentation and testimony presented at the meeting and the identified findings of fact, does hereby overturn the decision of the Planning Commission regarding the request for a variance to allow a two-foot front yard parking lot setback along Greenfield Avenue. Approval shall be subject to submitting three copies of a detailed site plan showing the proposed parking lot expansion at the time the building permit is requested. Adopted this 14th day of July, 2003. . ATTEST: ,,\(.\,,'\t\,il}~ [A7--vv)stft...-- James Ericson, Interim City Administrator (SEAL)