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Resolution 920-09 Page 2 WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient hardship with regard to the property located at 2280 County Road I, and makes the following findings of fact related to its decision: 1. Circumstances apply to this property in that the west property line is not straight since there is a garage on the adjoining property around which the property line jogs. This jog cuts out the southwestern corner of the property, creating an odd shaped parcel. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicant’s ability to have an adequate length entrance driveway into the car wash. 3. The applicant had no control over the placement of the garage, or the actions of the people he hired to design and build the car wash. 4. Granting this variance would not confer upon the applicant a special privilege in that the odd lot shape due to the neighbor’s garage is a pre-existing condition. 5. The zero (0) foot variance is the minimum variance required to alleviate the applicant’s hardship. 6. Granting a variance to allow for a driveway with a zero-foot setback would not be detrimental to the purpose of the Zoning Code, in that the area between the car wash and the neighbor’s garage is almost completely taken up by the driveway. Whether or not there is 5 feet of rock or 10 feet of rock between the edge of the driveway and the garage would not make much difference as this area is not used by the neighboring property owner. The car wash has opened with the zero-foot setback and it is causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property.