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Select Senior Living Staff Report August 6, 2008 Page 4 c. That the special conditions or circumstances do not result from the actions of the applicant. This type of senior housing is new to Mounds View, but is the commonly built type in the area. The city has not yet addressed in the city code some of the unique characteristics of assisted living and memory care housing. The applicant and the city would have preferred this project to be zoned PUD, but per city code, more land is required in order to use this designation. Most of the lots in Mounds View are small and the applicant would need to buy one or more lots (that are not for sale) in order to have at least 3 acres needed for a PUD. d. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their development proposal. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The applicant believes this is the minimum variance to alleviate the hardships, as it allows for a well designed project with new housing options for Mounds View residents, and fits the architectural characteristics of a residential neighborhood. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting these four variances would not be materially detrimental to the purpose of the Code, especially since the city is in the process of amending the code to address most of the issues requiring variances. g. 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. The requested variances would not result in any of the above-cited adverse effects. Public Notice: Notices were mailed to all property owners within 350 feet of the property, and the notice was published in the newspaper on August 6, 2008. Deadline for Action: This application was accepted on July 17, 2008 and in accordance with MN Statute 15.99, a decision shall be made within 60 days of application acceptance. The deadline for action is September 15, 2008 unless the city exercises its option to extend the timeline for another 60 days.