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• MOUNDS VIEW PLANNING COMMISSION <br /> RESOLUTION NO. 458-96 <br /> CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> RESOLUTION APPROVING SETBACK VARIANCE REQUEST BY HERBST AND SONS <br /> CONSTRUCTION CO. INC., 2299 COUNTY ROAD H, PLANNING CASE NO. 445-96 <br /> WHEREAS, The Mounds View Planning Commission has reviewed the request of Herbst <br /> and Sons Construction Co., Inc. for a variance to allow the construction of an addition to their <br /> existing facility at a five foot (5') side yard setback where a twenty(20') setback is required by <br /> Municipal Code; and <br /> WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all <br /> variance requests, and supports earlier findings approving the variance request in March 1992; <br /> and <br /> WHEREAS, the applicant presented a hardship statement to the Planning Commission; <br /> and <br /> WHEREAS, the literal interpretation of the provisions of the Municipal Code would <br /> deprive the applicant of rights commonly enjoyed by other properties in the same district under <br /> the terms of the Municipal Code; and <br /> WHEREAS, the special conditions of the property do not result from the action of the <br /> • applicant; and <br /> WHEREAS, granting the variance would not confer special privileges on the applicant <br /> that are not enjoyed by other property owners in the same district; and <br /> WHEREAS, the variance requested is the minimum necessary to alleviate the hardship. <br /> NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission <br /> approves the variance request of Herbst and Sons Construction Co., Inc. for a fifteen foot (15') <br /> variance into the side yard setback, contingent upon the following: <br /> 1. Whenever, within one year after granting this variance, the work as permitted by <br /> the variance shall not have been completed, then this variance shall become <br /> null and void, unless a petition for extension of time in which to complete the <br /> work has been granted by the Board of Adjustment and Appeals. <br /> - Adopted this 10th day of July, 1996. <br /> ATTEST: <br /> Chair Peterson <br /> (SEAL) <br /> 111 Acting Community Development Director <br /> Joyce Pruitt <br />