Agenda Packets - 2005/05/23 - Laserfiche WebLink

Home Browse Search

Ace Supply Variance Appeal Report May 23, 2005 Page 15 WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, the Planning Commission held a duly noticed public hearing regarding this variance on April 20, 2005 and based on their review of the facts and their assessment of the hardship criteria, the Planning Commission denied the requested variance due to lack of hardship; and, WHEREAS, the applicant exercised his right to appeal to the City Council the Planning Commission’s variance denial; and, WHEREAS, the City Council held a public hearing regarding this variance request on May 23, 2005; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the City Council is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code; and, WHEREAS, the Mounds View Zoning Code requires that the City Council consider the advice and recommendation of the Planning Commission and shall consider the relationship between the proposed variance and the Comprehensive plan and consider the impacts of the use supported by findings of relevant fact. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council hereby makes the following findings of fact related to this request: 1. The property is zoned I-1, Industrial. 2. The minimum front parking area setback in Industrial districts is forty feet. 3. The applicant is requesting to reduce the front parking area setback to zero. 4. The property is neither exceptional nor extraordinary in regards to shape or size. 5. Granting a variance in this case would confer a special privilege not enjoyed by other property owners in that there does not appear to be a sufficient hardship to warrant approval of the variance. 6. The variance would be materially detrimental to the purpose of this Title in that there does not appear to be a sufficient hardship to warrant approval of the variance. 7. The hardship criteria as identified in Section 1125.02 have not been satisfied.