Planning Commission Resolution 674-01

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. . . 'Resolution 674-01 October 17, 2001 Page 2 \VHEREAS, a public hcaring was held Wednesday, October 17,2001, with regard to this variance rcqucst; and, . \VHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Codc, the Planning Commission is to review a standard sct of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, thc Mounds Vicw Planning Commission hereby makcs the following findings of fact related to this requcst: 1. The propelty is a comcr lot, which has two front yards as defined in the Municipal Code, creating unavoidablc and practical difficulties. 2. The literal inteq)retation of the provisions ofthc Zoning Codc would deprivc the applicant of rights commonly enjoyed by other property owncrs in the R-l, Single-Family residential zoning district in that propcrty improvements are cncouragcd and that variances to the requircmcnts are often justified when practical difficulties prescnt a hardship as they do in this situation. 3. The applicant is not responsible for the conditions or circumstanccs that nccessitate thc approval of the variance. . 4. The Planning Commission has in the past granted variances for fcnces in the front yard of comer lots that exceed four (4) feet in height whcn hardship or practical difficulties prohibit compliance with thc City Code. 5. Granting the variancc would not confcr upon thc propC11y owner a special privilege denied to others in thc same district due to the unique nature of the existing conditions prcscnt on the site. 6. The additional two (2) feet in hcight is the minimum amount that would alleviate the applicant's hardship. 7. The additional two (2) feet in height would not impair a supply of light or increase congestion, nor would it increase the danger of fire or endanger thc public safcty or diminish property values. NO\V, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, bascd upon its revicw of the documentation, testimony prescnted at thc public hearing, and thc identified findings of fact, does hereby approve the variance request for a six- foot tall fence to bc constructed in the front yard of thc property locatcd at 5150 Irondalc Road, as depicted in thc attached Exhibit "A", contingent upon the following: .