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<br /> <br />finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View <br />Municipal Code are not satisfied and finds there to be insufficient hardship with regard to <br />the property located at 8036 Fairchild Avenue, and makes the following findings of fact <br />related to its decision: <br /> <br />1. There are no exceptional or extraordinary circumstances related to the property <br />located at 8036 Fairchild Avenue. The lot meets and exceeds all minimum zoning <br />requirements, is rectangular without any slope or any topographical deviations. <br /> <br />2. The literal interpretation of the provisions of the Zoning Code would not deprive the <br />applicant of rights commonly enjoyed by other properties in the same district under <br />the terms of the Code. <br /> <br />3. Without an evident hardship tied to the property itself, it would be inappropriate to <br />grant a variance to allow for a driveway extension and lean-to garage addition with <br />only one foot setback from the property line and would set a precedent for other <br />property owners. <br /> <br />4. Granting a variance to allow for an addition with a one foot setback from the <br />property line would be materially detrimental to the purpose of the Zoning Code in <br />that buildings are not allowed closer than five feet to a property line. <br /> <br />5. By building the structure without a building permit, the applicant has caused the <br />conditions which require approval of the variance. <br /> <br /> NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning <br />Commission, based upon the above findings, denies the variance request of Daniel Kelner, <br />8036 Fairchild Avenue, to allow for a driveway extension and lean-to garage addition with a <br />one foot setback from the property line. <br /> <br />NOW, THEREFORE, BE IT ADDITIONALLY RESOLVED, the Planning <br />Commission does hereby require that the driveway extension and lean-to garage addition <br />be removed at the property owner’s expense within 30 days of the date of this denial. <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 19th day of October, 2005. <br /> <br />_____________________________________ <br />Gary Stevenson, Chairperson <br />ATTEST: <br /> <br />_____________________________________ <br />Jim Ericson, Community Development Director <br />(SEAL)