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05-19-1999 PC
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MV City Council
City Council Document Type
City Council Minutes
Date
5/19/1999
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Mounds View Planning Commission May 19, 1999 <br /> • Regular Meeting Page 3 <br /> development to allow for substandard lots, no mention is made in the documentation about allowance <br /> for reduced setbacks. <br /> Ericson reviewed the seven criteria which must be considered and stated that after much analysis, it <br /> appears to staff that in this case there is no hardship, unless the Planning Commission were to take <br /> into consideration that the lot area is substandard. (The lot is 75 feet wide by 122 feet deep, for an <br /> area of 9,150 square feet, substantially less than the required 11,000 square feet required.) Yet the <br /> width of the property, at 75 feet, does comply with the Code, and it is a matter of property width, not <br /> depth or area, which is basis for this variance. <br /> Ericson outlined the criteria as follows: <br /> a. Exceptional or extraordinary circumstances apply to the property which do not apply <br /> generally to other properties in the same zone or vicinity and result from lot size or shape, <br /> topography or other circumstances over which the owners of the property since the effective <br /> date hereof have had no control. <br /> Ericson stated that he could not discern any exceptional circumstances applicable to this <br /> . property. <br /> b. The literal interpretation of the provisions of this Title would deprive the applicant of rights <br /> commonly enjoyed by other properties in the same district under the terms of this Title. <br /> Ericson stated that although literal interpretation of the Code would not prohibit the property <br /> owner from constructing a porch, it could only be 7 feet in depth. <br /> c. That the special conditions or circumstances do not result from the actions of the applicant. <br /> Ericson stated that the variance request is the result of the applicant's desire to construct a <br /> three-season porch. <br /> d. That granting the variance requested will not confer on the applicant any special privilege <br /> that is denied by this Title to owners of other lands, structures or buildings in the same <br /> district. <br /> Ericson stated that three-season porches are allowed in this district, but not all property <br /> owners have room to accommodate them. He stated that this is a desirable improvement, and <br /> that in the past, the Planning Commission has approved variances to allow for living space <br /> conditions. He stated that staff should determine whether or not this particular property met <br /> the same criteria as past properties. <br />
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