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Mounds View Planning Commission January 19, 2000 Regular Meeting Page 4 Planning Associate Ericson stated staff believes a hardship exists in this case, in that the property owner, who is purchasing the property, was not involved in the construction of the building. He added that the construction of the structure at the 37-foot setback was not intentional, but most likely, the result of an error at the time the site was improved. Planning Associate Ericson stated staff has drafted Resolution 603-00, which approves the variance request, and would allow the established setback of 37.33 feet. He explained that as with any variance approval, there is a stipulation that the resolution shall be recorded with Ramsey County. He advised that another stipulation indicates that the approved reduced setback shall be as shown on the survey on file with the Community Development Department. He explained this stipulation provides that the reduced setback will only apply to that area that exceeds the 40-foot setback, and does not allow a 37-foot setback for the entire building. Chairperson Peterson inquired if there was any change in the right-of-way during the reconstruction of Old Highway 8, a few years prior. Planning Associate Ericson stated he did not believe any changes were made at that time. Chairperson Peterson noted this non-conformity has probably existed for the last 22 years. Planning Associate Ericson stated this was correct. MOTION/SECOND: Johnson/Laube. To Approve Mounds View Planning Commission Resolution No. 603-00, a Resolution Approving a Variance from Section 1104.01, Subd. 4, of the Mounds View Zoning Code Pertaining to Setbacks to Allow for a Reduced Front Yard Setback for an Existing Office-Warehouse Building Located at 4749 Old Highway 8, Mounds View Planning Case No. 579-99. Ayes – 8 Nays – 0 The motion carried. 7. Annual review of Bylaws Planning Associate Ericson stated staff would request the Planning Commission postpone the review of the Bylaws until their next meeting. He explained that according to the Bylaws, this review is supposed to occur during the first meeting in February, however, this item was inadvertently placed on the agenda at this time. He indicated that staff would include a copy of the Bylaws in the Commissioners’ packets in order to provide sufficient time for review, prior to the meeting. 8. Staff Reports / Items of Information A. Previous Council Actions (1/10/00)