Planning Commission Resolution 711-02

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. . . . Resolution 711-02 September 18,2002 Page 2 WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set or critcria, of which all must be satisfied, in ordcr to grant a variance to the Zoning Code. NOW, THEREFORE, HE IT RESOL VEn, the Mounds View Planning Commission hereby makes thc following findings of fact related to this request: 1. The right-of-way adjaccnt to the applicant's property extends a greatcr distance from the roadway than othcr propertics located on Old Highway 8, creating a unique situation. ') The literal intelvretation of the provisions of thc Zoning Codc would deprive the applicant ofrights commonly cnjoyed by other property owners in the I-I. Industrial District in that property improvements are encouraged and that variances to the rcquirements arc often justified when practical difficulties prescnt a hardship as they do in this situation. 3. The applicant is not rcsponsible for the conditions or circumstances that nccessitate thc approval of the variancc, 4. Granting the variance would not confer upon the property owner a special privilege denicd to others in thc same district duc to the unique nature of the existing conditions present on the site. 5. A variance of 14 fcct to allow a one (1) foot setback is the minimum amount that would allcviate the applicant's hardship. 6. The rcduced setback would not impair a supply of light or increase congestion, nor would it increasc thc danger of firc or endanger the public safety or diminish property valucs. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony prcscnted at the public hearing, and the identificd findings of fact, does hcreby approvc thc request for a variance of 14 feet to allow a one (1) foot front yard sctback to construct a sign on the property located at 4759 Old Highway 8, contingent upon the following: I. The applicant shall alTangc to have recorded with Ramsey County this resolution of approval and provide proof of such rccordation to the City within 60 days of the date of approval, or this variance shall be rendercd null and void.