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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: There are no unique circumstances to this property which differ from similar properties within the I-1 Industrial district. A number of industrial properties within the vicinity use their rear yard for outside storage and are enclosed by an 8’ fence, while the front yard is not fenced. One exception is a nearby property (2160 Mustang Dr.), which received a Conditional Use Permit in 1972 allowing a 6’ – 8’ fence within a front yard. The applicant’s (St. Cloud Industrial Products, Inc.) intention for the proposed fence, up to 6’ in height, is to secure items to be stored within the front yard, which could alternatively be stored within the rear yard where fences up to a height of 8’ are permitted. The actions of the applicant, by locating outside storage within the front yard, creates the circumstances necessitating a more secured (taller) fence than the 4’ height limit permitted by City Code, and is not consistent with the Mounds View Municipal Code, Section 1125.02, Subd 2(d) (Criteria for Granting Variances; Unique Circumstances). 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.