Planning Commission Resolution 663-01

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. . . Resolution 663-01 June 20, 2001 Page 2 WHEREAS, a public hearing was held Wednesday, June 20,2001, 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 property is a corner lot, which has two front yards as defined in the Municipal Code, and contains a grade change of approximately two (2) feet from Groveland Road to the principal structure, creating unavoidable and practical difficulties. 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-l, 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 applicant is not responsible for the conditions or circumstances that necessitate the approval of the variance. 4. The Planning Commission has in the past granted variances for fences in the front yard of corner lots that exceed four (4) feet in height when hardship or practical difficulties prohibit compliance with the City Code. 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 additional two (2) feet in height is the minimum amount that would alleviate the applicant's hardship. 7. The additional two (2) feet in height 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony presented at the public hearing, and the identified findings of fact, does hereby approve the variance request for an six- foot tall fence to be constructed in the front yard of the property located at 2832 Ardan Avenue, as depicted in the attached Exhibit "A", contingent upon the following: