Planning Commission Resolution 709-02

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. . . Rcsolution 709-02 September 18, 2002 Page 2 WHEREAS, a public hearing was held Wednesday, Scptember 18, 2002, with regard to this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Yiunicipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to thc Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds Vicw Planning Commission hereby makes the following findings of fact related to this request: J. The subject property is ilTegularly shaped and is bordered by public right-of-way on three (3) sides. ') The literal interpretation of the provisions of the Zoning Code would deprivc the applicant of rights commonly enjoyed by other property owners in the B-3, Highway Business District in that property improvements are encouraged and that variances to the requirements are often justified when practical difficulties present a hardship as they do in this situation. 3. The applicant is not responsiblc for the conditions or circumstances that necessitate the approval of the variance. 4. Granting the variance would not confer upon thc property owner a special privilege dcnied to others in the same district due to the unique nature of the existing conditions present on the site. 5. A variance of 2,419 square feet is the minimum amount that would alleviate the applicant's hardship. 6. The reduced sctback 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 IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its rcview of the documentation, testimony presented at the public hearing, and the identified findings of fact, does hereby approve the request for a variance of 2,419 squarc feet from the minimum lot area requiremcnt for auto repair facilities in a B-3 zoning district on the property located at 2135 Program A venue, contingcnt upon the following: 1. The applicant shall atnnge to have recorded with Ramsey County this resolution of approval and provide proof of such recordation to the City within 60 days of the clatc of approval, or this variance shall be rendered null and void. A conditional use permit must be granted to allow an auto repair facility on the subject "')