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Resolutic�n 892-OS Page 3 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The property is proposed to be zoned R-4, High Density Residential. 2. The extraordinary circumstances surrounding this property are the unique lot size and shape and the type of housing. The city code does not clearly accommodate the proposed housing. The side yard building setback for senior housing is double what is required of any other multiple family housing developments. 3. Granting the variances would not confer upon the applicant a special privilege in that all property owners are able to apply for a variance to improve the function or appearance of their property. Denying the requests would limit the applicanYs ability to redevelop the property. 4. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. The city has not yet addressed in the city code some of the unique characteristics of assisted living and memory care housing, that made it difficult for the applicant to avoid needing variances. 5. The applicant believes that permitting the property to have the requested increased density, reduced unit sizes, reduced parking and encroach into the building setbacks is the minimum variance, as it allows for a well designed project with new housing options for Mounds View residents and fits the architectural characteristics of a residential neighborhood. 6. Granting these variances would not be materially detrimental to the purpose of the Code since the city is in the process of amending the code to address most of these issues. 7. 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. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above identified finding of facts, does hereby approve the variances requested to increase the site density, reduce the minimum unit sizes, reduce the total number of parking spaces to 76 constructed and 9 proof of parking stalls from the required 112 spaces, and allow a two foot roof overhang to encroach and a four to six foot structure encroachment into the building setbacks for the proposed 96-unit Select Senior Living development located at 2865 County Highway 10 and 7980 & 8020 Groveland Road.