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MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 846-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A REDUCED SETBACK FOR A BILLBOARD AT 5201 PROGRAM AVE, PLANNING CASE VR2006-005 WHEREAS, Clear Channel Outdoor has requested approval of a variance to reduce the minimum property line setback by ten feet for a billboard to be located at 5201 Program Avenue (the Building "A" site), property owned by RREEF America REIT II; and, WHEREAS, the Building "A" site is zoned Planned Unit Development (PUD) and is legally described as follows: LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK RAMSEY COUNTY, MINNESOTA WHEREAS, The City of Mounds View has adopted Ordinance 769 which amended the City Code to permit billboards as an interim use on properties adjacent to and visible from Interstate 35W; and, WHEREAS, the Mounds View Planning Commission held a duly-noticed public hearing on July 5, 2006; and, WHEREAS, the Chapter 1125 of the Zoning Code establishes the review criteria against which all variance applications shall be judged and satisfied for a variance to be granted. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact relating to the Clear Channel Outdoor application for a variance to reduce by ten feet the minimum established setback for a billboard on Program Avenue: 1. Exceptional or extraordinary circumstances apply to the property which result from circumstances over which the Applicant has had no control, in that a stormwater management pond was constructed feet from both Woodale Drive and Program Avenue rights of way. 2. The literal interpretation of the provisions of this Title would deprive the Applicant the ability to site a billboard at this location without major modification to the area's stormwater management system.