Planning Commission Resolution 654-01

Home Browse Search

. . . Resolution 654-01 May 2, 2001 Page 2 WHEREAS, a public hearing was held Wednesday, May 2,2001, 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 hereby makes the following findings of fact related to this request: 1. The existence of tall, mature oak trees, the location of an existing back yard deck and the setback of the home pose unavoidable and practical difficulties which effectively prohibit expansion without a variance. 2. The literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other property owners in the R-I, Single-Family residential zoning district in that property improvements are encouraged and that variances to the requirements are often justified when practical difficulties present a hardship as they do in this situation. 3 _ The variance is requested due to the presence of mature oak trees, the existing deck, the building setback and the internal floor plan of the house, factors over which the applicant has had no control. 4, Granting a variance to allow for the eight-foot side yard setback would allow the applicant to expand living space without increasing the footprint of the home resulting in a more efficient utilization of living space and property. 5. Granting the variance would not confer upon the property owner a special privilege denied to others in the same district due to the unique nature of the existing conditions present on the site. 6_ The eight-foot setback is the minimum variance that would alleviate the applicant's hardship_ 7, The construction of a second-story living space addition above the existing garage would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-l, Single-Family Residential zoning district. 8 An eight-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.