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Home My WebLink AboutPlanning Commission Resolution 458-96 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 458-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SETBACK VARIANCE REQUEST BY HERBST AND SONS CONSTRUCTION CO., INC. 2299 COUNTY ROAD H, PLANNING CASE NO. 445-96 WHEREAS. The Mounds View Planning Commission has reviewed the request of Herbst and Sons Construction Co., Inc. for an extension to a previously granted variance to allow the construction of an addition to their existing facility at a five foot (5') side yard setback where a twenty (20') setback is required by Municipal Code; and WHEREAS. the Planning Commission has reviewed the criteria used to evaluate all variance requests, and supports earlier findings approving the variance request in March 1992; and WHEREAS, the applicant presented a hardship statement to the Planning Commission; and WHEREAS, the literal interpretation of the provisions of the Municipal Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Municipal Code; and WHEREAS, the special conditions of the property do not result from the action of the applicant; and WHEREAS, granting the variance would not confer special privileges on the applicant that are not enjoyed by other property owners in the same district; and WHEREAS, the variance requested is the minimum necessary to alleviate the hardship. NOW, THEREFORE, BE IT RESOLVED that the Mound View Planing Commission approves the variance extension request of Herbst and Sons Construction Co., Inc. for a fifteen foot (15') variance into the side yard setback, contingent upon the following: 1, Whenever, within one year after granting this variance, the work as permitted by the variance shall not have been completed, then this variance shall become null and void, unless a petition for extension of time in which to complete the work has been granted by the Board of Adjustment and Appeals. Adopted this 10th day of July, 1996, ATTEST: . i:~]. ~-L Chair P rs , (SEAL)