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<br /> <br /> <br />MOUNDS VIEW PLANNING COMMISSION <br />RESOLUTION NO. 720-03 <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION DENYING A VARIANCE FROM THE MINIMUM FRONT SETBACK <br />FOR A SINGLE-FAMILY DWELLING AT 7741 LONG LAKE ROAD ; <br />PLANNING CASE NO. VR03-002 <br /> <br /> <br />WHEREAS , the applicant, Hamilton Creek, has applied for a variance from the <br />minimum front setback for a single -family dwelling under construction at 7741 Long Lake <br />Road; and, <br /> <br /> WHEREAS , Section 1104.02 of the Mounds View Zoning Code indicates that the <br />minimum front setback for a principal building is 30 feet unless the prevailing setback for <br />existing structures exceeds 30 feet, in which case the prevailing set back IS the minimum <br />setback; and, <br /> <br />WHEREAS , the structure under construction, set back 30.3 feet from the front <br />property line, is located within the “prevailing” set back on this block, whi ch is 41 feet; and, <br /> <br /> WHEREAS , the applicant was issued a building permit for the structure on January <br />27, 2003 based on a survey indicating a 30.3 -foot front set back; and, <br /> <br /> WHEREAS , upon discovery of its error, the City issued a “Stop Work” order on the <br />construction prompting the applicant to request a variance; 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 exceptional or extraordinary conditions relating to the variance reque st is <br />simply that the City erred in its issuance of the building permit and did not <br />discover the error until work had substantially began on the structure. <br />2. The literal interpretation of the Zoning Code, in conjunction with the City’s error, <br />does NOT deny the applicant rights commonly enjoyed by other recipients of <br />building permits. <br />3. Granting the variance would confer upon the applicant a special privilege. <br />4. The variance would be materially detrimental to the purpose of this Title or to <br />other property in the same zone. <br />Resolution “B”