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• Planning Commission Resolution 579-99 Leon Variance • June 2, 1999 Page 2 WHEREAS, a public hearing was held Wednesday, May 19, 1999 with regard to this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE,BE IT RESOLVED,the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient hardship with regard to the property located at 7386 Parkview Terrace to warrant the approval of a variance to Mike and Sandy Leon for the construction of a 120 square-foot living space addition five feet from the property line, and makes the following findings of fact related to its decision: 1. Exceptional or extraordinary circumstances apply to 7386 Parkview Terrace which do not apply generally to other properties in the same zone or vicinity in that the property is a substandard lot--its area comprises only 9,150 square feet, a condition the current owners • had no part in or control over. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title in that porches and other living space additions are common features in this district and serve as a physical improvement to properties. Other properties in this district typically are able to make these types of improvements without the need for variances. However, because the subject property is substandard, it would be unreasonable to assume that the same size house could be built and expanded upon without a comparable reduction in the setback requirements. 3. The variance request is the result of two factors over which the applicants had no control. The house was constructed on the substandard lot in such a way that wasted five feet of buildable space alongside the garage. The side-yard setback for garages attached to principal structures is five feet, yet the garage is set back ten feet. Had the house been constructed so as to take advantage of this additional five feet alongside the garage, a variance would not have been necessary as there would have been adequate room to allow for a living space addition on the north side of the property. The other factor contributing to a need for a variance is that the internal configuration of the home is atypical in that the floor plan allows for a living space addition only off the north side of the house. There is only bedroom space off the rear of the home, the most logical place for these types of additions. •