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- PafJ8 ~2 f:.zcs, 818-05 . . . 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, the Planning Commission held a public hearing regarding this request on October 19, 2005; 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 finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient hardship with regard to the property located at 8036 Fairchild Avenue, and makes the following findings of fact related to its decision: 1. Circumstances apply to this property in that a gravel parking area was already in place prior to the applicant purchasing the property. 2. The literal interpretation of the provisions of the Zoning Code would deprive the applicant of additional parking/storage space on his property. 3. The applicant did not cause the original creation of this driveway extension/parking area, and intends only to improve the deteriorating original sand and gravel surface. 4. Granting this variance would not confer upon the applicant a special privilegein that the parking area is a pre-existing condition. 5. The four (4) foot variance is the minimum variance required to alleviate the applicant's hardship. 6. Granting a variance to allow for a parking pad with a one foot setback would not be detrimental to the purpose of the Zoning Code in that the parking area is a pre-existing condition and is causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Daniel Kelner, 8036 Fairchild Avenue, to allow for a driveway extension/parking pad with a one foot setback from the property line, with the condition that there be no more than normal stormwater runoff onto the south neighboring property.