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. . . WHEREAS, according to Section 1125.02, Subdivision 2 orthe Mounds View Municipal Codc. the Planning Commission is to review a standard set of critcria, or which all must be satisfied. ill order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOL YED, the Mounds View Planning Commission hercby makes the following findings of fact related to this rcqucst: 1. The exceptional or cxtraordinary conditions relating to the variance request is that thcrc are unusual setback rcquircmcnts which causes limitations as to how thc propcrty can be improved. 2. Thc literal interpretation of the loning Code would restrict the applicant's ability to constmct thc proposed home on thc property. 3. The variance is requested due to the unusual setback constraints, which the applicants havc no control over. 4. Granting the variance would not confcr upon thc property owncrs a special privilege denied to others in the same district due to the unique nature orthe existing conditions prcsent on the sitc. 5. The ninc-foot variance is the minimum variance that would alleviatc the applicant" s hardship. 6. Thc construction of the proposed homc \vould not be materially detrimental to the purpose of the Zoning Codc or to other property in the R-l, Single-Family Rcsidcntial zoning district. 7. A thirty-two foot front sctback would not impair the supply oflight or increase congcstion, nor would it increase the danger of fire or endanger the public safety or diminish property values. NO\V, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of thc documentation. testimony presentcd at the public hearing, and the identified lindings of fact. does hercby approve the variance request for a thirty- t\VO foot front yard setback for a proposcd homc located at 7717 Long Lake Road. contingent upon the following: I. Thc applicant shall obtain approval of a building pcrmit lor the home prior to any work being accomplishcd. 2. Thc variance applies only to thc plans submitted and date stamped on April 12,2004. j. Thc applicant acknowledges that thc City is not responsible for any damage that occurs to any object or landscaping placed within the eascment. Thc applicant is also aware that the City will need to use thc eascmcnt as an access a minimum of t\VO timcs per year.