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Mounds View Animal Hospital July 18,2001 Page 2 4110 DISCUSSION Variance Request According to the Municipal Code, Section 1104.01, Subdivision 4(c)(2), parking areas in a B-2 zoning district must be located at least 30 feet from front property lines. As shown on the attached site plan, the proposed parking area would be located 15 feet from the right-of-way of County Highway 10 and 5 feet from the right-of-way of Eastwood Road.Both street frontages require a 30- foot setback for parking areas. For this Variance to be approved, as with any Variance request, there needs to be demonstrated substantial hardship or practical difficulties associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body(the Planning Commission)review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria are as follows: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or S shape,topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The property located at 2625 County Highway 10 is an irregular shaped corner lot with street frontage on both County Highway 10 and Eastwood Road.The size of the lot,the shape of the lot, and that the lot has two street frontages are exceptional and extraordinary circumstances that is not generally similar to other properties in the same zoning district. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The shape and size of the lot may make commercial development prohibitively difficult on this lot if the provisions in the City Code were strictly adhered to. c. That the special conditions or circumstances do not result from the actions of the applicant. Neither the orientation of the lot(two street frontages)nor the irregular shape of the lot were created by the applicant. d. That granting the variance requested will not confer on the applicant any special • privilege that is denied by this Title to owners of other lands,structures or buildings in the same district. Granting a Variance in this case would not confer a special privilege on the applicant. The