Planning Commission Resolution 603-00

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. . . Resolution 603-00 ASC Setback Variance January 19, 2000 Page 2 WHEREAS, a public hearing was held Wednesday, January 19,2000, 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 property located at 4749 Old Highway 8 to warrant the approval ofa variance for a 37-foot front yard setback for the existing office-warehouse building, and makes the following findings offact related to its decision: I. Exceptional or extraordinary circumstances apply to 4749 Old Highway 8 which do not apply generally to other properties in the same zone or vicinity in that the building was constructed 22 years ago and had been assumed to be in conformance with the Code. 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 the condition has existed for 22 years and correcting the non-conformity would not be feasible. 3. The variance request is the result of factors over which the applicant has had no control. The building was constructed 22 years ago, well before the applicant sought to purchase the property. 4. Granting a variance to allow the 37-foot front yard setback would allow the applicant to utilize the building as it had been intended and obtain the property without the non- conformity to cloud the title. 5. The Planning Commission finds that the requested 37-foot setback is the minimum variance that 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 reduced setback would not be materially detrimental to the purpose of this Title or to other property in the same zone. 7. A 37-foot setback would not impair a supply oflight or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values.