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<br /> <br />Variance Considerations: <br /> <br />For a variance to be approved, the applicant needs to demonstrate a hardship or practical <br />difficulty associated with the property that makes a literal interpretation of the Code overly <br />burdensome or restrictive. Minnesota statutes require that the governing body (the Planning <br />Commission, in the case of Mounds View) review a set of specified criteria for each <br />application and make its decision in accordance with these criteria. These criteria are set <br />forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a <br />hardship exists when all of the criteria are met. The criteria are as follows: <br /> <br /> <br />a. Exceptional or extraordinary circumstances apply to the property which do not apply <br />generally to other properties in the same zone or vicinity and result from lot size or shape, <br />topography or other circumstances over which the owners of the property since the effective <br />date hereof have had no control. <br /> <br />The subject property is a typical rectangular shaped lot with no unusual characteristics <br />or conditions. The only extraordinary condition present at the property is the prevailing <br />setback of 52 feet, 22 feet more than what would otherwise be required. <br /> <br />b. The literal interpretation of the provisions of this Title would deprive the applicant of rights <br />commonly enjoyed by other properties in the same district under the terms of this Title. <br /> <br />The literal interpretation of the provisions of the Zoning Code would not deprive the <br />applicant of rights enjoyed by other properties in the same zone, in that most homes in <br />Mounds View maintain consistent setbacks, whether at 30 feet or 52 feet. Because of <br />this, porch additions or any additions to the front of a home are usually problematic. <br /> <br />c. That the special conditions or circumstances do not result from the actions of the applicant. <br /> <br />The home, constructed in 1970, was situated on the lot to be of a similar front setback <br />as the home on the opposite end of the block, which was constructed in 1940. The two <br />homes in between are of similar setbacks, which have placed all of them in about the <br />middle of the lots. The homes on this block all have much larger front setbacks than the <br />30 foot minimum, but they are all setback a similar distance from each other which <br />effectively eliminates the possibility of a front expansion. <br /> <br />d. That granting the variance requested would not confer on the applicant any special privilege <br />that is denied by this Title to owners of other lands, structures or buildings in the same district. <br /> <br />Granting the variance would not confer upon the property owner a special privilege <br />denied to others in the same district in that the Commission has granted front setback <br />variances for additions in the past. <br /> <br />e. That the variance requested is the minimum variance which would alleviate the hardship. <br />Economic conditions alone shall not be considered a hardship. <br /> <br />A ten foot front entry and 4 foot porch which encroaches nine feet into the front setback <br />would be the minimum variance necessary to alleviate the Okoros perceived hardship. <br /> <br /> <br /> <br />