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Resolution 1162-23 Page 2 of 3 WHEREAS, the Mounds View Planning and Zoning Commission, acting as the Board of Adjustment, held a Public Hearing on Wednesday, July 19, 2023. A Public Hearing notice was published by the St. Paul Pioneer Press on July 8, 2023, and mailed to property owners within 350' of the subject property; and, WHEREAS, Mounds View City Code §160.466 establishes criteria for granting Variances. The Planning Commission may approve a Variance where the City Code imposes practical difficulties to the property owner, 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 this chapter; FINDING: The Variance is in harmony with the general purposes and intent of the City Code. Reducing the driveway side yard setback from 5' to 0' should not impact the adjacent property. 2. The variance is consistent with the Comprehensive Plan; FINDING: The Variance is not applicable to the Comprehensive Plan. The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; FINDING: The encroachment of the driveway into the 5'side yard setback is a reasonable use compared to the alternative of removing a mature oak tree, or the alternative of placing the driveway in the middle of the front yard. 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: The unique circumstance is that the northwest property of 7785 Spring Lake Road is shaped like a narrow wedge in-between the applicant's property (7830 Spring Lake Road), and the road right-of-way, serving no practical use other than open space. Reducing the driveway setback from 5' to 0' from the common property corner will allow the applicant to construct a driveway of adequate width, with a 12' curb cut, thereby preserving a mature oak tree which otherwise would need to be removed to accommodate the driveway width, if this Variance were not approved. 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.