12-03-2003 - Laserfiche WebLink

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WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; 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 the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: 1. The property is zoned R-1, Single Family Residential. 2. The maximum curb cut width allowed in R-1 zoning districts is 24 feet. 3. A driveway addition has been constructed on the property, which increased the curb cut width to 32 feet. 4. The property is regularly shaped and is neither exceptional nor extraordinary given the number of properties within the City that are zoned R-1. 5. The literal interpretation of the Code would NOT deprive the applicant of rights commonly enjoyed by other properties in the same district in that the property is not unique compared to other properties in the same zoning district. 6. Granting a variance in this case WOULD confer a special privilege not enjoyed by other property owners in that there does not appear to be a sufficient hardship to warrant approval of the variance. 7. The variance WOULD be materially detrimental to the purpose of this Title in that there does not appear to be a sufficient hardship to warrant approval of the variance. 8. The hardship criteria as identified in Section 1125.02 have NOT been satisfied. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the hardship criteria, testimony presented at the public hearing and the identified findings of fact, does hereby deny the variance request to allow a driveway to exceed the maximum curb cut width on the property located at 2817 Laport Drive. NOW, THEREFORE, BE IT FINALLY RESOLVED by the Planning Commission that the applicant shall be notified of the right to appeal this denial to the City Council. The appeal shall be submitted in writing within 10 business days of the adoption of this Resolution.