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