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Planning Commission Resolution 561-98 Donatelles Variance 7 • November 18, 1998 Page 2 WHEREAS, exceptional or extraordinary circumstances do apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control, in that the Donatelles property is a small, unusual pie- shaped lot at the intersection of two major roadways through the City. Being less than an acre in area, the lot without question creates practical difficulties which the present owners did not create; and, WHEREAS, the literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district in that enforcement of the thirty-foot parking lot setback onto the Donatelles property after thirty years of operation in its present state would potentially deprive the property of as many as 50 parking stalls, a reduction that would effectively prohibit the restaurant from operating at that location; and, WHEREAS, special conditions or circumstances do not result from the actions of the applicant in that the applicant is only seeking to improve the appearance and functionality of the parking lot and to lessen the extent of the nonconformity--the applicant did not create the conditions which necessitate the approval of a variance; and, • WHEREAS, granting the variance requested would not 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 Donatelles Supper Club was one of the first businesses located in the City of Mounds View, a fixture that has continued to do business through four decades to the present. Granting a variance in this situation would not confer upon the applicant a special privilege, in that any property owner in a similar circumstance would be given the same consideration; and, WHEREAS, the variance requested is the minimum variance which would alleviate the hardship, in that the intent of the request is to lessen the extent of the existing nonconformity and to improve the overall appearance of the property; and, WHEREAS, the variance would not be materially detrimental to the purpose of this Title or to other properties in the same zone in that the Zoning Code was not drafted with the intent to prevent a legally conforming business from improving its operation. Granting the requested variance would serve to legitimize a dimensional nonconformity which has been in existence for thirty years; and, WHEREAS, the variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood in that granting this variance will improve the flow of traffic in and around the site • and will be a benefit to public safety by closing the Highway 10 access from the Donatelles property. No property values will be diminished or impaired as a result of the Donatelles improvements.