1136-21 Variance 5045 Rainbow Ln

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Res 1136-21 Page 2 of 3 Finding: The Variance is not in harmony with the general purposes and intent of the Mounds View Municipal Code, §160.030(C)(3), which limits front yard fences to 4' in height. 2. The variance is consistent with the Comprehensive Plan; Finding: The Variance is not applicable to the Comprehensive Plan. 3. The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; Finding: The Variance is a reasonable use. The proposed 6' tall fence extends about 10' into the front yard from the house, and does not appear out of place. 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; Finding; There are no unique circumstances to the property. The property is a corner lot across the street from a school. There are many corner lots, and many lots across the street from a school or other venue frequented by pedestrians. The applicant's dogs bark at the school crossing guards, and other pedestrians. The intent of the 6' tall fence is to screen the dog's view of pedestrians, enticing the dogs to bark. There are other means to control the dogs' barking, other than a 6' fence. 5. The variance does not alter the essential character of the neighborhood; Finding; 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 Finding: The variance requested is the minimum which would alleviate the practical difficulty. 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. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission, acting as the Board of Adjustment, based upon the above Findings, the Staff Report, and in