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<br />. <br /> <br />. <br /> <br />. <br /> <br />Resolution 591-99 <br />Johnson Variance <br />October 6, 1999 <br />Page 2 <br /> <br />WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to <br />property owners when the strict enforcement of the zoning code requirements imposes a hardship <br />thereby restricting the improvement of property due to practical difficulties brought about by <br />unique or extraordinary features of the physical property that are beyond the property owner's <br />control; and, <br /> <br />WHEREAS, a public hearing was held Wednesday, September 15, 1999, with regard to <br />this variance request; and, <br /> <br />WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal <br />Code, the Planning Commission is to review a standard set of criteria, of which all must be <br />satisfied, in order to grant a variance to the Zoning Code. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission <br />finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View <br />Municipal Code are satisfied and finds there to be sufficient hardship with regard to the properties <br />located at 2075 Hillview Road and 2081 Hillview Road to warrant the approval of a variance to <br />Jeff Johnson for the construction of garages one-foot from the common property line between the <br />two parcels, and makes the following findings offact related to its decision: <br /> <br />1. Exceptional or extraordinary circumstances apply to 2075 and 2081 Hillview Road which <br />do not apply generally to other properties in the same zone or vicinity in that the amount <br />of slope at the back of the property makes development prohibitively difficult. <br /> <br />2. The literal interpretation of the provisions of this Title would deprive the applicant of <br />rights commonly enjoyed by other properties in the same district under the terms of this <br />Title in that multi-car garages are desired in this district and serve as a physical <br />improvement to properties <br /> <br />3. The variance request is the result offactors over which the applicant has had no control. In <br />addition to the topography, the buildings were constructed in such a way as to restrict the <br />available area that can be utilized for the location of garage structures. <br /> <br />4. Granting a variance to allow a one-foot sideyard setback would allow the applicant to <br />provide three garage stalls for each building where there are no garages currently <br /> <br />5. The Planning Commission finds that the requested one-foot setback is the minimum <br />variance that would alleviate the applicant's hardship. <br /> <br />6. The purpose of the variance provision in the Code is to give reliefto property owners <br />seeking to improve their properties yet are unable to do so because of zoning code <br />requirements and factors beyond their control. Granting this variance for a reduced <br />