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<br /> <br /> <br /> <br />MOUNDS VIEW PLANNING COMMISSION <br />RESOLUTION NO. 846-06 <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION APPROVING A VARIANCE FOR A REDUCED SETBACK FOR A <br />BILLBOARD AT 5201 PROGRAM AVE, PLANNING CASE VR2006-005 <br /> <br /> <br />WHEREAS, Clear Channel Outdoor has requested approval of a variance to <br />reduce the minimum property line setback by ten feet for a billboard to be located at <br />5201 Program Avenue (the Building “A” site), property owned by RREEF America REIT <br />II; and, <br /> <br />WHEREAS, the Building “A” site is zoned Planned unit Development (PUD) and is <br />legally described as follows: <br /> <br />LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK <br />RAMSEY COUNTY, MINNESOTA <br /> <br />WHEREAS, The City of Mounds View has adopted Ordinance 769 which <br />amended the City Code to permit billboards as an interim use on properties adjacent to <br />and visible from Interstate 35W ; and, <br /> <br />WHEREAS, the Mounds View Planning Commission held a duly-noticed public <br />hearing on July 5, 2006; and, <br /> <br />WHEREAS, the Chapter 1125 of the Zoning Code establishes the review criteria <br />against which all variance applications shall be judged and satisfied for a variance to be <br />granted. <br /> <br />NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning <br />Commission makes the following findings of fact relating to the Clear Channel Outdoor <br />application for a variance to exceed by ten feet the maximum established height provision <br />for a billboard on County Road 10: <br /> <br />1. Exceptional or extraordinary circumstances apply to the property which result <br />from circumstances over which the Applicant has had no control, in that a <br />stormwater management pond was constructed feet from both Woodale Drive and <br />Program Avenue rights of way. <br /> <br />2. The literal interpretation of the provisions of this Title would deprive the Applicant <br />the ability to site a billboard at this location without major modification to the area’s <br />stormwater management system.