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Item 08B Page 2 of 6 During the Commission's discussion, consideration was given as to the uniqueness of the property compared to other corner lots, and to the protection that a taller fence could provide (protection of children from the applicant's dogs). The Planning Commission denied the Variance, on a 4-2 vote (Resolution 1136-21). Analysis: The Planning Commission, acting as the Board of Adjustment, may approve Variances to provide relief to the landowner in those cases where the code imposes practical difficulties to the property owner in the use of property owner's land.... A variance may be granted only in the event that all of the following circumstances exist.2 (1) The variance is in harmony with the general purposes and intent of this chapter- (2) The variance is consistent with the Comprehensive Plan; (3) The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; (4) Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this chapter has had no control. The unique circumstances do not result from the actions of the applicant; (5) The variance does not alter the essential character of the neighborhood; (6) The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties; and (7) The Board of Adjustment and Appeals may impose such conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of the variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Strategic Plan Strategy/Goal: (none) Financial Impact: (none) Staff Recommendation: Staff recommends that the City Council Deny the Appeal of the Planning Commission's Denial of the Variance. Although the request is reasonable, it is Staff's opinion that the request does not meet #4; "Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this chapter has had no control. The unique circumstances do not result from the actions of the applicant. " Mounds View Municipal Code § 160.466 (Criteria for Granting Variances) The Mounds View Vision A Thriving Desirable Community