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� �;�� Resolution 923-10 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is that the property is a smaller corner lot on a busy street and has two larger front setbacks. 2. The literai interpretation of the provisions of the Zoning Code would deprive the applicants of rights enjoyed by other properties in the same zone because the height limitations would preclude having a fence tall enough to provide security, screening and buffering from County Road H. 3. The applicant cannot control the configuration of the lot and intends only to provide some privacy and additional area for his side yard and backyard with the fence. 4. Granting the variance would not confer upon the property owner a special privilege denied to others in the same district due to the unique nature of the existing conditions present on the site. 5. The two-foot variance (six foot tall fence) is the minimum variance that would alleviate the applicanYs hardship. 6. The replacement of the fence would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 7. Allowing the six-foot tall fence in the south front yard of 5046 Eastwood Road (near County Road H) would not impair the supply of light or increase congestion, nor would it increase the danger of fire, endanger the public safety or diminish property values. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, does hereby approve the variance request for a six-foot tall fence in the south front yard of 5046 Eastwood Road. Adopted this 21S` day of April, 2010. ATTEST: (SEAL) -ea-a� -_ �� _ _�_`�� ��/ �-�. _ Gary Steve son, Chair� son Ke neth Roberts, Community Development Director