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<br />Resolution 806-05 <br />Page 2 <br /> <br /> WHEREAS, the Planning Commission held a duly noticed public hearing regarding <br />this variance on Wednesday, August 3, 2005; and, <br /> <br />WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View <br />Municipal Code, the Planning Commission is to review a standard set of criteria, of which <br />all must be satisfied, in order to grant a variance to the Zoning Code. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission <br />makes the following finding of facts related to this request: <br /> <br />1. The property is zoned R-1, Single Family Residential. <br /> <br />2. The prevailing front yard setback for the 5300 block of Jackson Drive is forty- <br />eight (48) feet. <br /> <br />3. The applicant is requesting to reduce the front yard setback to forty-four (44) <br />feet. <br /> <br />4. The property is neither exceptional nor extraordinary in regards to shape or <br />size. <br /> <br />5. Granting a variance in this case would confer a special privilege not enjoyed <br />by other property owners in that there does not appear to be a sufficient <br />hardship to warrant approval of the variance. <br />6. The variance would be materially detrimental to the purpose of this Title in <br />that there does not appear to be a sufficient hardship to warrant approval of <br />the variance. <br /> <br />7. The hardship criteria as identified in Section 1125.02 have not been satisfied. <br /> <br /> NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning <br />Commission, based upon its review of the documentation, testimony presented at the <br />public hearing, and the identified findings of fact, does hereby deny the request for a four <br />foot variance from the prevailing front setback of forty-eight feet at 5323 Jackson Drive. <br /> <br />NOW, THEREFORE, BE IT FINALLY RESOLVED by the Planning Commission that <br />the applicant shall be notified of the right to appeal this denial to the City Council. The <br />appeal shall be submitted in writing within 10 business days of the adoption of this <br />Resolution. <br /> <br />Adopted this 3rd day of August, 2005. <br />_____________________________________ <br />Jean Miller, Vice Chairperson <br /> <br />ATTEST: <br />_____________________________________ <br />Jim Ericson, Community Development Director <br />(SEAL)