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Resolution 927- IO Page 2 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 on Wednesday, June 16, 2010, 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 that must be satisfied in order for the City to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Pianning Commission hereby makes the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: 1. The proposed lots would be located within in a wetland district. 2. While the proposed lots meet the subdivision requirements of Chapter 1202, the lots do not meet the requirements of Chapter 1010 that regulate subdivisions within a wetland zoning district. 3. The minimum lot width within a wetland zoning district is 125 feet. 4. The parcel is substantially covered by wetlands, which is neither exceptional nor extraordinary given the number of wetlands within the City. 5. The literal interpretation of the Code would not deprive Eichi, Inc. of rights commonly enjoyed by other properties in the same district in that the parcel could support a subdivision of up to eight parcels fronting Longview Drive that could meet alI City subdivision requirements. 6. Granting a variance in this case would confer a special privilege not enjoyed by other property owners in that there does not appear to be a sufficient hardship to warrant approval of the variance. 7. The variance would be materially detrimental to the purpose of this Title in that the purpose of controlling development density is to minimize the detrimental effects of urbanization on the wildlife habitats, water quality enhancement, recreational and aesthetic values of wetlands. 8. The applicant has not met or satisfied the hardship criteria as identified in Section 1125.02 of the Mounds View City Code.