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. . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 722-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT SETBACK FOR A SINGLE-FAMILY DWELLING AT 7741 LONG LAKE ROAD; PLANNING CASE NO. VR03-002 WHEREAS, the applicant, Hamilton Creek, has applied for a variance from the minimum front setback for a single-family dwelling under construction at 7741 Long Lake Road; and, WHEREAS, Section 1104.02 of the Mounds View Zoning Code indicates that the minimum front setback for a principal building is 30 feet unless the prevailing setback for existing structures exceeds 30 feet, in which case the prevailing set back IS the minimum setback; and, WHEREAS, the structure under construction, set back 30.3 feet from the front property line, is located within the "prevailing" set back on this block, which is 41 feet; and, WHEREAS, the applicant was issued a building permit for the structure on January 27, 2003 based on a survey indicating a 30.3-foot front set back; and, WHEREAS, upon discovery of its error, the City issued a "Stop Work" order on the construction prompting the applicant to request a variance; 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 makes the following finding of facts related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is simply the City erred in its issuance of a building permit and did not discover the error until work had substantially begun on the structure. 2. The literal interpretation of the Zoning Code, in conjunction with the City's error, does deny the applicant rights commonly enjoyed by other recipients of building permits. 3. The applicant has not caused the condition which prompted the variance request. 4. Granting the variance would not confer upon the applicant a special privilege.