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Planning Case MU2017-002 July 5, 2017 Page 3 VARIANCE CRITERIA A variance to the Zoning Code may be approved by the Planning Commission, acting as the Board of Adjustments, to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owners land. A variance may be granted only in the event that all of the following circumstances exist:3 1. The variance is in harmony with the general purposes and intent of this Title. 2. The variance is consistent with the comprehensive plan. 3. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. 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. 5. The variance 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. 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Please refer to the applicant’s narrative (attached) regarding these criteria. It is Staff’s opinion that the variance request does not meet criteria #4, regarding unique circumstances which do not apply to similar properties. It is Staff’s opinion that there is sufficient area in the rear yard(s) to secure items with an 8’ fence (permitted), and that a fence within the front yard exceeding 4’ is not necessary. The buildings on these properties were located with the intent of using the rear and side yards for outside storage, and using the front yard parking lots for employee and customer parking. 3 Mounds View Municipal Code, Section 1125.02, Subd 2 (Criteria for Granting Variances)