Planning Commission Resolution 701-02

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... Resolution 701-02 July 17,2002 Pagc 2 . unique or extraordinary features of the physical property that are beyond the propcrty owner's control; and, WHEREAS, a public hearing was held Wednesday, July 17,2002, with regard to this variance request: and. WHEREAS, according to Section 1125.02. Subdivision :2 of thc \10unds Vie\\' Municipal Code, the Planning Commission is to review a standard set of criteria, of \\'hich all must be satisfied. in order to grant a variance to the Zoning Code. ~OW, THEREFORE, HE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The placement of the house on the lot minimizes the buildable area in the side yard, thus preventing the applicant from constructing a standard size garage addition that complies with the sctback requirements established in the City Code. . 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-1, Single-Family residential zoning district in that property improvements are encouraged and that variances to the requirements arc orten justi fied 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 side yard setback encroachments when hardship or practical difficultics prohibit compliance with the City Code. 5. Granting the variance would not confer upon the property O\\'ner a special pri\'ilcge denied to others in the same district due to the unique nature of the existing conditions present on the site. 6. The four-foot side yard setback is the minimum amount that would alleviate the appl ican!' s hardshi p. 7. The reduced 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. . NO\V, THEREFORE, BE 11' FURTHER RESOL VED, the Y10unds 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 a reduced side yard setback to construct a garage addition on the property located at 5532 St.