Planning Commission Resolution 689-02

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Resolution 689-02 April 17,2002 Page 2 . Planning Application ') Zoning Map J Letter from Applicant 4 Site Plan Packet 5 Staff Report 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 cxtraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, a public hearing was held Wednesday, April 3, 2002, with regard to this variance requcst; and, \VHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds Vicw Municipal Codc, 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 irregularly shaped and is fronted on all but one property line by public right -of- ways. 2. The facility would house physically handicapped, mobility-impaired adults who require different amenities than one would find in a typical multi-family housing facility. 3. The applicant is proposing more handicap parking stalls than is required in the Minnesota State Building Code. 4. The literal interpretation of the provisions ofthc Zoning Codc would deprive the applicant of rights commonly cnjoycd by othcr property owners in the R.-4, High Density Residcntial zoning district in that varianccs to the requiremcnts are often justified when practical ditl-iculties present a hardship as they do in this situation. 5. The applicant is not responsible for the conditions or circumstances that necessitate the approval of the variance. . 6. 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 as well as the type of facility proposcd.