Planning Commission Resolution 704-02

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/ . . . '- Resolution 704-02 August 21, 2002 Page 2 thercby restricting the improvemcnt of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are bcyond the property owner's control; and, WHEREAS, a public hearing was held Wcdncsday, August 21, 2002, with regard to this variance rcquest: and, WHEREAS, according to Section 1 125.02, Subdivision 2 of the Mounds View Municipal Code, thc Planning Commission is to review a standard set of criteria, of which all must be satisfied, in ordcr to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes thc following findings of [act related to this request: L Two (2) trees cxist near the proposed location o[ the storage shed that would prevent the shcd from complying with thc setback requircment of five (5) feet. ') The litcral intcrprctation of the provisions of the Zoning Codc would deprive the applicant ofrights commonly enjoyed by other property owncrs in the R-l, Single-Family residential zoning district in that property improvcments are encouraged and that variances to the requiremcnts are often justi fied when practical difficulties present a hardship. 3. The applicant is not responsible for the conditions or circumstances that necessitate thc approval of the variance. 4. Thc Planning Commission has in the past granted varianccs for sctback cncroachments whcn hardship or practical difficulties prohibit compliance with thc City Code. 5. Granting the variance would not confer upon the property owner a special pJivilege denied to others in thc same district due to the uniquc naturc of the cxisting conditions present on the site. 6. Thc one (1) foot variance is thc minimum that would alleviatc the applicant's hardship. 7. Thc rcduced setback would not impair a supply of light or increase congestion, nor would it incrcase the danger of fire or endanger thc public safcty or diminish property valucs. NOW, THEREFORE, BE IT FURTHER RESOLVED, thc Mounds Vicw Planning Commission, bascd upon its review of the documentation, testimony presented at the public hcming, and the identificd findings of fact, docs hereby approve the variance request [or a four (4) foot setback to construct a storage shcd on the propcrty located at 5140 lrondale Road, as dcpicted on thc attached site plan, contingent upon the following: