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Resolution 1074-17 Page 2 WHEREAS, the City of Mounds View Municipal Code, Section 1125.02, Subd 2 establishes criteria for granting of a variance, stating a "variance may be granted only in the event that all of the following circumstances exist:" (Findings in italics) 1. The variance is in harmony with the general purposes and intent of this Title. Findings: The variance request is in harmony with the general purposes and intent of the Mounds View Municipal Code, Title 1100 (Zoning Code). 2. The variance is consistent with the comprehensive plan. Findings: The variance request is not applicable to the Comprehensive Plan. 3. The; applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Findings: The variance request is a reasonable use. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this "Title has had no control. The unique circumstances do not result from the actions of the applicant. Findings: The City of Mounds View granted a Conditional Use Permit (CUP) in 2011 to a former property owner (Tyson Companies) to allow Outside Storage as an Accessory Use on these properties, with a height limit of 20' (Resolution 7857). The CUP did not exclude outside storage from occurring within the front yard. This allowance of outside storage is a unique circumstance, not common amongst other industrial properties, without a CUP. Itis reasonable for the property owner to protect this outside storage area by a fence, and that a permitted 48" high fence does offer sufficient protection from vandalism and trespass. 5. The variance does not alter the essential character of the neighborhood. Findings: The variance request does not alter the essential character of the neighborhood. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Findings: The proposed fence, up to 6' in height, is the minimum fence height to deter vandalism and trespassing onto the property.