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. . . Resolution 798-05 Page 2 WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, a public hearing was held on Wednesday, June 15,2005, with regard to this variance request; 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 which 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 related to this request: 1 . The exceptional or extraordinary conditions relating to the variance request is that the property is a corner lot on a busy street across from a more intensive commercial land usage. 2. The literal interpretation of the provisions of the Zoning Code would deprive the applicants of rights enjoyed by other properties in the same zone because the height limitations would preclude replacement of an existing fence which provides screening and buffering from the traffic and land-uses across the street. 3. The applicant has not caused the configuration of the lot nor the historical usage of the lot and intends only to replace the deteriorated privacy fence. 4. 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. 5. The two-foot variance (six foot tall fence) is the minimum variance that would alleviate the applicants' hardship, 6. The replacement of the fence would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 7. Replacing the existing six-foot tall fence in the front yard of 5290 Pinewood Court 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 values.