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Resolution 902 - 09 Page 2 WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement or use of the property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, according to Section 1125.02, of the Mounds View City Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order for the City to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following finding of facts related to this request: 1. The freestanding bar and restaurant at 2400 County Road H2 needs more area than the City Code allows for outside sales in their parking lot in order to have a viable and productive sales area. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights enjoyed by other properties in the B-3, Highway Business District in that the City encourages the highest and best use of properties and that variances to the City requirements are often justified when difficulties present a hardship as they do in this situation. 3. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 4. Granting the variance would not confer upon the property owner a special privilege denied to others in the same zoning district due to the unique nature of the request and that every property owner has the right to apply to the City for a variance to improve the function and viability of their business. 5. Allowing for additional square -feet of outside sales area in the parking lot would be the minimum variance necessary to alleviate the hardship. 6. The variance would not be materially detrimental to the purpose of the Municipal Code or to other property in the commercial zoning districts. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above -identified finding of facts, does hereby approve the square foot variance request, for a total of square feet of outside sales area, on the property of Robert's Sports Bar and restaurant located at 2400 County Road H2, contingent upon the following: