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Resolution .93�-10 Paqe 3 WHEREAS, the applicant was not able to complete the work permitted by variances within the required one year due to issues beyond their control, which caused the variance approvai to become null and void; 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. 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 now 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. At the time of the planning application submittal, the city code did 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 applicant's ability to redevelop the property. 4. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. At the time of the planning application submittal, the city had 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.