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411 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 352-92 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE SETBACK VARIANCE REQUEST BY ROSS TARANTINO, 2199 TERRACE DRIVE, PLANNING CASE NO. 356-92 WHEREAS, the Mounds View Planning Commission has reviewed the request of Ross Tarantino for a variance to allow the construction of a 20'x 20 ' accessory building at a thirty- five foot (35' ) front yard setback where a forty-nine foot (49 ' ) setback is required by Municipal Code; and WHEREAS, the applicants property is subject to setback requirements stipulated in Chapter 40.05 Subdivision C (a) of the Mounds View Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; and WHEREAS, the applicant has presented a hardship • statement to the Planning Commission; and WHEREAS, the literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code; and WHEREAS, the special conditions of the property do not result from the actions of the applicant; and WHEREAS, granting the variance would not confer special privileges on the applicant that are not enjoyed by other property owners in the same district; and WHEREAS, the variance requested is the minimum necessary to alleviate the hardship. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves the request of Ross Tarantino, 2199 Terrace Drive for a fourteen foot ( 14' ) variance into the front yard setback based on the following findings of fact: 1) A City required 5' utility easement is located on the Eastern property line precluding building in that area. • 2) Insufficient building area is located on the west side of the property.