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RESOLUTION NO. 4387 <br /> CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> RESOLUTION APPROVING THE REQUEST OF GATEWAY FOODS FOR A REAR YARD <br /> SETBACK VARIANCE AT 2390 HIGHWAY, PLANNING CASE NO. 362-93 <br /> WHEREAS, the Mounds View City Council has reviewed the <br /> request of Gateway Foods for a- variance to allow--a- 20- foot rear - -- <br /> yard setback where a 40 foot setback is required by Municipal <br /> Code; and <br /> WHEREAS, the applicants property is currently zoned B- <br /> 3 , Highway Business, and is subject to setback requirements set <br /> forth in Chapter 40. 05 Subdivision C of the Mounds View Municipal <br /> Code; and <br /> WHEREAS, the applicant has presented a hardship <br /> statement to the City Council, attached hereto; and <br /> WHEREAS, the City Council has reviewed the criteria in <br /> Chapter 40.26 of the Municipal Code used to evaluate all variance <br /> requests. <br /> NOW, THEREFORE, BE IT RESOLVED that the Mounds View <br /> City Council approves the request of Gateway Foods for a rear <br /> yard setback variance at 2390 Highway 10 based upon the following <br /> findings of fact: <br /> 1) The literal interpretation of the provisions of <br /> this code would deprive the applicant of rights <br /> commonly enjoyed by other properties in the same <br /> district under the terms of this Code. <br /> 2) The special conditions of the property do not <br /> result from the actions of the applicant. <br /> 3) Granting the variance would not confer special <br /> privileges on the applicant that are not enjoyed by <br /> other property owners in the same district. <br /> 4) The variance requested is the minimum necessary <br /> to alleviate the hardship. <br />