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<br /> <br /> <br /> <br />Resolution 836-06 <br />Page 2 <br /> <br />NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission <br />hereby makes the following findings of fact related to this request: <br /> <br /> <br /> 1. The exceptional or extraordinary conditions relating to the variance request is <br />that the house was constructed 24 feet from the side property line, the rear <br />yard is sloped, and almost the entire remaining property is wetland or wetland <br />buffer area which causes limitations as to how the property can be improved. <br /> <br /> 2. The literal interpretation of the Zoning Code would restrict the property <br />owner’s ability to expand and improve upon the layout and functionality of the <br />home. <br /> <br />3. The variance is requested due to the house placement and the grade change <br />directly behind the house, factors over which the applicants have had no <br />control. <br /> <br />4. Granting a variance to allow for the two-foot side yard setback would allow <br />the applicants to have a two car garage in order to park their vehicles <br />indoors, resulting in a better appearance for the neighborhood. <br /> <br />5. Granting the variance would not confer upon the property owners a special <br />privilege denied to others in the same district due to the unique nature of the <br />existing conditions present on the site. <br /> <br />6. The two-foot setback is the minimum variance that would alleviate the <br />applicants’ hardship. <br /> <br /> 7. The construction of new garage would not be materially detrimental to the <br />purpose of the Zoning Code or to other property in the R-1, Single-Family <br />Residential zoning district. <br /> <br />8. A two-foot setback would not impair the supply of light or increase <br />congestion, nor would it increase the danger of fire or endanger the public <br />safety or diminish property values. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />