Agenda Packets - 1998/11/28 - Laserfiche WebLink

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-2- Chapter 40.26 states the criteria for granting a variance: 1) Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property, since enactment of th'- Code, have had no control. It is unclear that these properties have any exceptional or extraordinary circumstances which apply to them and do not generally to other properties within the same zone or vicinity. 2) The literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the.same district under the terms of this Code. All PUD rezonings approved in Mounds View have been over the minimum size requirement. 3) That the special conditions or circumstances do not result from the actions of the applicant. While the special conditions (insufficient land) did not occur as a result of the actual applicant, it is the actions of M & E Realty (the landowner) which has caused this situation. If M & E Realty had not sold the Burger K'_ng site to Burger King Corporation or included it :n this PUD, there would have been anough available land as shown in reason #1 of Public Storage memo dated October 11, 1988. 4! That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to owners of other lands, structures of buildings in the same district. The granting of this variance would confer a special privilege which is denied to other landowners within thiu district. 5) That the variance requested is the minimum variance which ^^ld allnyiarp rhp hardship. Economic conditions alone shall not be considered a hardship. The requested variance is the minimum needed to alle,iate the hardship. Although the applicant may be able to obtain additional land negating the need for a variance.