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Resolution 587-99 Gregory Variance • July 7, 1999 Page 2 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 2801 Woodale Drive to warrant the approval of a variance to Michael and Christine Gregory for the construction of a 672 square-foot garage fifteen feet from the property line, and makes the following findings of fact related to its decision: 1. Exceptional or extraordinary circumstances apply to 2801 Woodale Drive which do not apply generally to other properties in the same zone or vicinity in that the house and garage were built in 1953, predating the City's zoning code by seven years. 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 multiple car garages are common features in this district and serve as a physical improvement to properties. • 3. The variance request is the result of factors over which the applicants had no control. The house and garage were constructed in such a way that made the garage non-conforming with the advent of the City's Zoning Code. 4. Granting a variance to allow a two-car garage in the same location as the existing single- stall garage, without further encroaching into the setback, would not be a special privilege. Multiple-car garages are standard residential features while single stall-garages are becoming functionally obsolete. 5. The variance requested is not the minimum variance which would alleviate the hardship. The Planning Commission finds that a fifteen-foot setback, as opposed to the requested eleven-foot setback, would alleviate the applicant's hardship. 6. The purpose of the variance provision in the Code is to give relief to property owners seeking to improve their properties yet are unable to do so because of zoning code requirements and factors beyond their control. Granting this variance for a two-car garage utilizing the same setback as the existing garage would not be materially detrimental to the purpose of this Title or to other property in the same zone. 7. A 672 square-foot garage at a fifteen foot setback from Silver Lake Road would not impair a supply of light or increase congestion, nor would it increase the danger of fire or • endanger the public safety or diminish property values.