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MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 556-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO THE REQUIRED TWO-FOOT SIDE YARD SETBACK FOR A SIDEWALK LOCATED AT 5249 GREENFIELD AVENUE; PLANNING CASE NO. 533-98 WHEREAS, the Mounds View Planning Commission has reviewed the request of Timothy White to permit a sidewalk within the two-foot sideyard setback at his home located at 5249 Greenfield Road; and, WHEREAS, this property is zoned R-1, Single Family Residential District and is legally described as: Lot 15, Block 2, Eigenheer Second Addition WHEREAS, the Planning Commission has reviewed the following documents associated with this request: • 1. Planning Application 2. Location Map 3. Zoning Map WHEREAS, the sidewalk for which this variance is requested by the applicant has already been constructed, without a building permit; and, WHEREAS, the literal interpretation of the provisions of this Title would not deprive the applicant of rights commonly enjoyed by other properties in the same district in that the sidewalk could be made narrower to meet the required setback; and, WHEREAS, special conditions or circumstances do result from the actions of the applicant in that had the applicant requested a building permit, the proposed location of home is necessitated by the lot dimensions and setbacks; and, WHEREAS, granting the variance requested would confer on the applicant a special privilege that is denied by this Title to owners or other lands, structures or buildings in the same district in that other owners have been denied permits to construct sidewalks, decks or other like objects within the required two-foot buffer; and, WHEREAS, the variance would be materially detrimental to the purpose of this Title or to • other property in the same zone in that the intent of the setback is to preserve and maintain a separation between properties and the structures thereon.