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<br />Resolution 1041-16 <br />Page 2 <br /> <br /> <br /> <br />WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this <br />request on February 3, 2016; and, <br /> <br />WHEREAS, according to Section 1125.02, Subdivision 2, of the Mounds View Municipal <br />Code, the Planning Commission is to review a standard set of criteria, of which all must be <br />satisfied, in order to grant a variance to the Zoning Code. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission finds <br />that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal <br />Code are satisfied and finds there to be sufficient practical difficulty with regard to the property <br />located at 2200 Hillview Road, and makes the following findings of fact related to its decision: <br /> <br />1. The general intent of the Zoning Code regarding setbacks is to create physical <br />separation between improvements for safety, aesthetics and a sense of privacy for the <br />property owners. The new driveway is in the same spot as the previous driveway and <br />will have the same setback as the adjoining property’s driveway. <br /> <br />2. The variance is not inconsistent with the Comprehensive Plan in that the applicant is <br />improving the property. <br /> <br />3. The driveway itself is a permitted use and is otherwise compliant with the city code but <br />for the reduced setback. The reduced setback requested after-the-fact is not an <br />unreasonable request given the pre-existing conditions. <br /> <br />4. The circumstances associated with this request do not result from the actions of the <br />property owners. The driveway was replaced in the same location as the original <br />driveway, matching the setback of the driveway adjacent to the subject property. <br /> <br />5. There will be no change to the existing character of the neighborhood since the <br />driveways have been existing for decades. The new driveway is an improvement to the <br />neighborhood. <br /> <br />6. The variance for a three and a half foot setback is the minimum variance required to <br />alleviate the applicant’s practical difficulty. <br /> <br />7. While the Planning Commission may impose reasonable conditions as may be <br />necessary to comply with city standards and to minimize the effect of such variance <br />upon other properties in the neighborhood, none are suggested in this case.