Agenda Packets - 2010/08/09 - Laserfiche WebLink

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Resolution 7658 Page 3 5. The special conditions or circumstances do not result from the actions of the applicant in that the land was originally platted in 1963 and the utilities were installed not too long thereafter and many years before the City adopted any wetland protection standards. The utilities were installed with the expectation of future development. While the applicant was fully aware of the development constraints instituted by the City in 1992, the applicant did not cause the special conditions or circumstances. 6. Granting a variance in this case would not confer a special privilege not enjoyed by other property owners in that the applicant is proposing single family homes in a single family home district on lots that exceed the minimum standard subdivision requirements. 7. The variance requested is the minimum variance that would alleviate the hardship and allow the applicant to use the existing 10 water and sewer service stubs for this site. 8. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. 9. It is the belief of the City Council that the proposed variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW THEREFORE BE IT RESOLVED, that the Mounds View City Council, based upon the above-cited findings of fact, does hereby overturn the decision of the Mounds View Planning Commission as presented in Resolution 927-10, and does hereby approve the variance as requested for proposed Longview Estates lots 2 – 9, as depicted on the preliminary plat date-stamped May 21, 2010, subject to the following: 1. If within one year after granting the variance, the work as permitted by the variance has not been completed, then such variance shall be come null and void unless an extension of time has been requested by the applicant and granted by the City Council. Such extension shall be requested by the applicant in writing, and submitted to the City at least 30 days before the expiration of the original variance. 2. For each proposed house pad, soil borings shall be taken to determine construction suitability. The applicant shall submit the borings analyses to the City along with any soils correction plans for Public Works Director and City Engineer review. A grading permit may be required by the City.