Planning Commission Resolution 705-02

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. . . Resolution 705-02 September 4, 2002 Page 2 WHEREAS, a public hearing was held Wednesday, Augllst 21, 2002, with regard to this variancc requcst; and, WHEREAS, according to Section 1125.02, 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 valiance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hcreby makes thc following findings of fact rclated to this request: 1. The garage exists seven (7) feet from the side property linc, and an addition to the rear of the garage would be most appropriate if it were constructed to match the edge of the garagc. If thc addition wcrc constructcd to comply with the Zoning Code, thc width of the addition would not be grcat enough to walTant the improvcment. 2. The literal interpretation of thc provisions of the Zoning Code would deprivc the applicant of tights commonly cnjoyed by other propet1y owncrs in the R-l, Single-Family residential zoning district in that property improvements are cncouraged and that variances to the requirements are often justified when practical difficulties present a hardship. 3. The location of the garage did not result from the actions of the applicant. 4. The Planning Commission has in thc past granted variances for setback encroachments when hardship or practical difficultics prohibit compliance with the City Codc. 5. Granting the variance would not confer upon the propcrty owner a spccial ptivilege dcnied to others in the same district duc to thc unique nature of thc existing conditions present on the site. 6. The thrcc (3) foot variance to allow a seven-foot side yard setback is thc minimum amount that would alleviate the applicant's hardship. 7. The rcduced sctback would not impair a supply of light or increase congestion, nor would it increase the danger of fire or endanger thc public safety or diminish property values. NOW, THEREFORE, BE IT FURTHER RESOLVED, thc Mounds View Planning Commission, based upon its revicw of thc documcntation, testimony prcscntcd at the public hearing, and thc identified findings of fact, docs hereby approve thc variance request to allow a seven (7) foot setback to construct a living space addition to an existing hOllse on thc propcrty located at 8436 Spring Lakc Road, as depicted on the attached site plan, contingcnt upon the following: I. Thc applicant shall arrange to have rccorded with Ramsey County this resolution of approval and providc proof of such recordation to thc City within 60 days of the date of