1136-21 Variance 5045 Rainbow Ln

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MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1136-21 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLULTION DENYING A VARIANCE TO INCREASE THE FENCE HEIGHT IN A FRONT YARD FROM FOUR -FEET, TO SIX -FEET, FOR PROPERTY LOCATED AT 5045 RAINBOW LANE (PLANNING CASE VR2021-002) WHEREAS, the applicant, Aaron Strand, has applied for a Variance to allow a fence to exceed 4' in height in a front yard, on property located at 5045 Rainbow Lane, legally described as: PID: 07-3 0-23-44-0059 Lot 8 Block 4 of TWELVE OAKS 2ND ADDITION WHEREAS, the Mounds View Municipal Code §160.030(C)(1) permits fences up to 4' in height, anywhere on a lot. The Municipal Code § 160.030(C)(3) permits corner lots to have up to 6' in height, within the side (front) yard, "beginning at the front building line of the principal structure;" and, WHEREAS, the applicant installed a fence in the front yard of a corner lot, a portion of which is 6' in height, in violation of the Mounds View Municipal Code § 160.030(C)(3), and is requesting approval of a Variance to allow it to stay; and, WHEREAS, the Mounds View Planning Commission held a duly noticed Public Hearing on August 18, 2021. A notice was published in the August 3, 2021 edition of the Shoreview Press, and mailed to property owners within 350' of the subject property; and, WHEREAS, the Planning Commission, acting as the Board of Adjustment and Appeals, may provide relief to the landowner in those cases where the code imposes practical difficulties to the property owner in the use of a property owner's land. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. No variances shall be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. A variance may be granted only in the event that all of the following circumstances exist [Findings in italics]: 1. The variance is in harmony with the general purposes and intent of the Mounds View Municipal Code;