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. . . Resolution 742-03 Page 2 WHEREAS, the Planning Commission held a duly noticed public hearing regarding this variance on Wednesday, November 5,2003; 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 are that the lots are irregularly shaped and additional irregularly shaped land will be added to the site to help meet parking and ponding needs for the redevelopment of the former Amoco gas station. 2. The literal interpretation of the Zoning Code would create a hardship for the applicant in that there are unique redevelopment challenges not normally associated with raw land development. 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. 5. The variances requested are the minimum variances which would alleviate the hardship in that they are the minimum necessary to allow for two rows of parking with a 24-foot drive aisle in the front and adequatH room for vehicular movements in the rear. 6. One of the prevailing goals of the zoning code is to promote positive development and redevelopment within the community. Granting a variance to allow for the utilization of the front setback would not be detrimental to the Zoning Code in that it would open the door to a much-needed redevelopment, and eliminate a blighted property. 7. The variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FURTHER RESOLVED thatthe Mounds View Planning Commission, based upon the above identified finding of facts, does hereby approve the variance requested for a five-foot front parking lot setback and a two.,foot rear yard setback associated with a commercial retail development at 2800 County Highway 10, subject to the following requirements: 1. The applicant shall apply for and obtain approval of a Development Review, Rezoning and Major Subdivision no later than November 4, 2004 or this approval will be null and void.