Planning Commission Resolution 631-00

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. . . Resolution 631-00 September 6, 2000 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, 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 8141 Edgewood Drive to warrant the approval of a variance for a 25-foot front yard setback for a proposed house addition, and makes the following findings of fact related to its decision: 1. Exceptional or extraordinary circumstances apply to 8141 Edgewood Drive which do not apply generally to other properties in the same zone or vicinity in that the home was constructed in 1946, 25 feet from the street and 14 years before the adoption of the Zoning 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. 3. The variance request is the result of factors over which the applicant has had no control. 4. Granting the variance to allow for a 25-foot front yard setback would allow the applicant to make improvements to his house consistent with the existing building and rooflines. Approval would not confer upon the property owner a special privilege denied to others in the same district. 5, The Planning Commission finds that the requested 25-foot setback is the minimum variance that would alleviate the applicant's hardship. 6. Granting a variance for a reduced front yard setback for the proposed house addition would not be materially detrimental to the purpose of this Title or to other property in the same zone. 7. A 25-foot setback would not impair a supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values.