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. . . Resolution 746-03 December 3, 2003 Page 2 WHEREAS, a public hearing was held Wednesday, December 3,2003, with regard to this variance request; and, WHERI~AS, 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 following findings of fact related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is that the garage was constructed only eight (8) feet from the side property line, the front yard is sloped and mature trees and a deck currently exist in the rear yard, which causes limitations as to how the property can be improved. 2. The literal interpretation of the Zoning Code would restrict the property owner's ability to expand and improve upon the layout and functionality of the home. 3. The variance is requested due to the building setback, the presence of mature trees, the existing deck and the grade change in the front yard, factors over which the applicants have had no control. 4. Granting a variance to allow for the eight-foot side yard setback would allow the applicants to expand living space without increasing the footprint of the home resulting in a more efficient utilization ofliving space and property. 5. Granting the variance would not confer upon the property owners a special privilege denied to others in the same district due to the unique nature of the existing conditions present on the site. 6. The two-foot variance is the minimum variance that would alleviate the applicants' hardship. 7. The construction of a second-story living space addition above the existing garage would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-l, Single-Family Residential zoning district. 8. An eight-foot setback would not impair the supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property val LIes.