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h'eso�ution £39?-08 Page 2 WHEREAS, Section 1104.02 of the Mounds View Zoning Code requires one bedroom multiple family units have a minimum floor area of 630 square feet and two bedroom units to have a minimum of 750 square feet; and, WHEREAS, the applicant is requesting approval for studio and one bedroom units that have floor areas of 432 to 716 square feet; and, WHEREAS, Section 1121.13 of the Mounds View Zoning Code requires multiple family properties (independent living units) to provide 2'/2 parking spaces per unit and the assisted living and memory care provide 1 space for every 3 beds plus 1 space for every staff member on the largest shift; and, WHEREAS, the Mounds View Zoning Code would require this development to provide 112 total parking stalls and the applicant is requesting a variance to provide 27 fewer stalls than required by the zoning code - 76 constructed parking stalls and 9 proof of parking stalls, which the City of Mounds View may require the applicant to construct at any time the City determines they are necessary; and, WHEREAS, Section 1104.01 of the Mounds View Zoning Code allows for up to a two foot encroachment for roof overhangs, and Section 1109.04 states that the side yard building setback for R-4 zoned senior congregate living is 40 feet, which is double the normal R-4 minimum side setback requirement; and, WHEREAS, the applicant has designed a three story residential style senior housing building with hipped roofs that have a four foot overhang that would encroach two feet into the building setback on the west and east sides of the north wing, and a small section of the building footprint that would extend four and six feet into the large building setback; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Proposed Site Plans 3. Staff Report 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, August 20, 2008, about 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, all of which must be satisfied, in order for the city to grant a variance to the Zoning Code.