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Busch Variance & CUP Report December 6, 2006 Page 3 f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting a variance to allow the garage addition to encroach three (3) feet into the side setback may not be materially detrimental to the purpose and intent of the Zoning Code given that the applicant would like to save a large healthy tree. 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 proposed addition should not have any impact on the supply of light or air to adjacent properties, nor would it impact congestion of streets. The proposed garage will not increase the danger of fire, endanger the public safety or decrease property values in the neighborhood. Conditional Use Permit Discussion: The request for a Conditional Use Permit to construct the 1,124 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. All dimensional requirements would be satisfied with this request. The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property, 8410 Knollwood Drive, as low-density residential. Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings and the backyard coverage ratio of accessory buildings. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet, which are that the garage be permanent, be uniform in appearance with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The Planning Commission is required to review the possible adverse effects of the requested conditional use.