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Mounds View Planning Commission December 20, 2000 Regular Meeting Page 3 The first criteria is that exceptional or extraordinary circumstances would 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. Staff determined there were no extraordinary circumstances which apply to this property. The second criteria is that 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. Staff does not believe the literal interpretation of the Code would deprive the applicant of rights commonly enjoyed by others in the district. The third criteria is that the special conditions or circumstances do not result from the actions of the applicant. Staff believes the applicant is clearly responsible for the conditions which have prompted him to apply for a variance. Had the applicant applied for a building permit prior to doing the work, he would have been told the addition would be in violation of the Zoning Code. The fourth criteria is that granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Staff believes that granting this variance would confer upon the applicant a special privilege due to the fact that other property owners would not have been allowed to build within the five-foot setback. The fifth criteria is that the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. Staff indicated because the structure is already in place, the variance requested is the minimum that would be necessary to maintain the structure. The sixth criteria is that the variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Staff, having considered the circumstances, feels strongly that granting the variance request would be materially detrimental to the purpose of this Title. In addition, granting the variance would set a dangerous precedent, sending a message to residents that it is acceptable to disregard the building code and zoning code requirements by seeking approval through the variance process. The last criteria identified is that the proposed 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 values within the neighborhood. Community Development Director Ericson indicated that while staff does not believe the structure impairs an adequate supply of light or air to the adjoining property, if left in place, stormwater runoff could become a problem to the adjoining property. It could also be argued, he stated, that the adjoining property’s value could be impacted by the structure located up to the property line.