07-20-2005 - Laserfiche WebLink

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Resolution 801-05 Page 2 WHEREAS, a public hearing was held Wednesday, July 20, 2005, with regard to this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is that the lot is non-conforming in area, fronts two streets with more than average street frontage, is oddly configured which causes limitations as to how the property can be improved. 2. The literal interpretation of the Zoning Code would limit the property owners’ ability to make reasonable and desired use of the rear yard. 3. The applicants are not the original owners of the property and had nothing to do with the platting of the land, the placement of the home and the placement of the shed. 4. Granting a variance to allow for the six-foot tall fence and 120 square foot shed in the front yard would allow the applicants make more reasonable use of the backyard and property. 5. Granting the variance would not confer upon the property owners a special privilege denied to others in the same district due to the unique nature of the existing conditions present on the site. 6. The two-foot height variance for the fence and the location variance for the shed would be the minimum variance that would alleviate the applicants’ hardship. 7. The relocation of the shed and construction of the fence would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 8. A six foot tall fence and 120 square foot shed would not impair the supply of light or increase congestion, would not increase the danger of fire or endanger the public safety or diminish property values, and would not impair sight lines along O’Connell Drive or Jeffrey Drive.