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Resolution 591-99 Johnson Variance October 6, 1999 Page 2 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, a public hearing was held Wednesday, September 15, 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 properties located at 2075 Hillview Road and 2081 Hillview Road to warrant the approval of a variance to Jeff Johnson for the construction of garages one-foot from the common property line between the two parcels, and makes the following findings of fact related to its decision: 1. Exceptional or extraordinary circumstances apply to 2075 and 2081 Hillview Road which do not apply generally to other properties in the same zone or vicinity in that the amount of slope at the back of the property makes development prohibitively difficult. 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 multi-car garages are desired in this district and serve as a physical improvement to properties. 3. The variance request is the result of factors over which the applicant has had no control. In addition to the topography, the buildings were constructed in such a way as to restrict the available area that can be utilized for the location of garage structures. 4. Granting a variance to allow a one-foot sideyard setback would allow the applicant to provide three garage stalls for each building where there are no garages currently. 5. The Planning Commission finds that the requested one-foot setback is the minimum variance that would alleviate the applicant's hardship. S 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 reduced