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<br />Resolution 741-03 <br />Page 3 <br /> <br />3. The special circumstances or conditions do not result form the applicants in that <br />the Whitbecks are simply attempting to compensate for their home’s lack of a <br />basement by adding onto the garage. In addition, the Whitbecks drafted the garage <br />expansion plans so as to preserve a mature Oak tree behind the garage. <br /> <br />4. Granting the variance would not confer upon the applicants any special privilege <br />in that the variance would not be required were it not for the secondary addition <br />which does not increase the garage width. The Whitbecks’ situation is unique in this <br />regard. <br /> <br />5. The requested five-foot variance is the minimum amount necessary to alleviate <br />the Whitbecks’ hardship. Economic conditions do not enter into the need for a <br />variance in this case. <br /> <br />6. The variance requested would not be materially detrimental to the purpose of the <br />Code or to other properties in the vicinity. As stated above, the spirit and intent of <br />the Code is preserved and the garage expansion should not impact adjoining <br />property owners in any way. <br /> <br />7. Granting the variance would not impair an adequate supply of light and air to <br />adjacent properties, would not increase the congestion of the public streets, would <br />not increase the danger of fire or endanger the public safety and would not diminish <br />or impair property values within the neighborhood. <br /> <br />NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning <br />Commission unconditionally approves the requested variance for a 40-foot wide garage <br />and recommends approval of the conditional use permit for the 1,110 square foot garage, <br />with conditions as follows: <br /> <br />1. The garage shall not be used for commercial purposes, living space or other <br />uses not allowed within the R-1 Single-Family Residential district or by the Zoning <br />Code. Should the use change for which the permit was granted; the conditional use <br />permit shall be considered null and void. <br /> <br />2. The garage expansion shall be designed and maintained to provide a uniform <br />appearance with the existing garage. <br /> <br />BE IT FURTHER FINALLY RESOLVED that the Mounds View Planning <br />Commission directs staff to forward this resolution to the City Council prior to approval <br />of the minutes. <br /> <br />Adopted this 15th day of October, 2003. <br /> <br />_____________________________________ <br />Gary Stevenson, Chairperson <br />ATTEST: <br /> ____________________________________ <br />James Ericson, Community Dev. Director <br />(SEAL)