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. . . '. Resolution 773-04 Page 2 \VlIEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners whcn thc strict enforcement of the zoning code requirements imposes a hardship thercby restricting the improvement of property due to practical difficultics brought about by unique or extraordinary features of the physical property that arc beyond the propeIiy owner's control; and, \VHEREAS, a public hcaring was held Wednesday, October 20,2004, with regard to this variance rcquest; and, \VHEREAS, 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 rclating to the variancc request is that the existing home is located in such a way that makes it impossible to construct a garage on the property without a variance. 2. Thc litcral interpretation of the provisions of the Zoning Code would deprive the applicants ofrights enjoyed by other properties in the same zone because the setback eonstraints make it impossible to construet even a single car garage on the lot. Most lots within Mounds View do not have thc samc difficulties. 3, The applicant cannot control the [act that it is a corner lot with two front setbacks or that the existing home is located so far into the corner of the lot that the rcar and side yards are both too small to allow for a garage. 4. Granting the variance would not confer upon the propeliy owners a special privilege denied to others in the same district due to the unique nature of the existing conditions present on the site. 5. The three-foot variance is the minimum variance that would alleviate the applicant's hardship. 6. The constmction of the proposed 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. 7. A two-foot side setback would not impair the supply oflight or increase congestion, nor would it increase the danger of lire or endanger the public safety or diminish property values.