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Resolution 880-0? Page ?_ 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 Wednesday, December 19, 2007, 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, 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: The property is zoned R-4, High Density Residential. 2. The extraordinary circumstances surrounding this property are that existing garages are poorly configured and are somewhat unsafe for residents. 3. Denying the request may limit the property owner's ability to improve the safety and functionality of the property. 4. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 5. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their property. 6. Permitting the property to have 100 covered parking spaces is the minimum variance, as it allows for an adequate number of garages based on past garage rental statistics and allows them to create more uncovered parking than currently provided. 7. Granting a variance to reduce the number of covered parking spaces would not be materially detrimental to the purpose of the Code. There have been no objections raised up to this point from any of the adjoining property owners. 8. The proposed variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood.