Planning Commission Resolution 716-02

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. . . Resolution 716-02 December 4,2002 Page 2 WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal 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 the Zoning Code, NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the foJlowing findings offact related to this request: 1. Exceptional or extraordinary circumstances DO apply to this property in that the driveway has existed in its present location for more than 30 years and Mr, Paparella has been the property owner for just the last year. 1. The literal interpretation of the Code WOlffJ) deprive Mr. Paparella of rights currently enjoyed by others in his neighborhood. 3. Mr. Paparella did NOT cause the special condition or circumstance. 4. Granting a variance to allow the driveway to remain at the property line would NOTbe conferring on to Mr. Paparella any special privilege. 5, The zero-foot setback variance IS the minimum setback required to alleviate the hardship, 6. The variance would NOTbe materially detrimental to the purposes of the Zoning Code or to any property in the Single-Family residential zoning district. 7. The reduced setback would NOT impair a supply oflight or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds 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 request for a variance to allow for a zero-foot driveway setback at the property located at 2256 Lois Drive, contingent upon the following: 1. The applicant shall arrange to have this Resolution recorded with Ramsey County and provide proof of such recordation to the City within 60 days of the date of approval, or this variance shall be rendered null and void.