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HomeMy WebLinkAboutPlanning Commission Resolution 703-02 . . . ~ MOUNDS VIEW PLA~NING CO"IMISSION RESOLUTION NO. 703-02 CITY OF MOLNDS VIEW COUNTY OF RA:\ISEY STATE OF l\Hi\i\ESOTA RESOLUTION APPROVING A VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENT TO CONSTRUCT A SIGN ON THE PROPERTY LOCATED AT 4749 OLD HIGHWAY 8~ PLANNING CASE VR02-004 \VHEREAS, The applicant, Ace Supply Company, has applied for a variance from thc front yard setback requirement to construct a business identi lication sign on the property located at 4749 Old Highway 8; and, \VHEREAS. 4749 Old Highway 8 is zoncd 1-1, Industrial District, and is legally described as follows: AlidH't7l' fllllllslrial, Block I, rot :! Rall/sev COIlII!I', AIillllcso!a \VHEREAS, the Mounds View Planning Commission has revie\wd the following documents regarding this proposal: I. Planning Application 2. Site Plan 3. Old Highway 8 ..;\s Ruil(' Drawing 4. Stalf Report WHERKL\S, the PU1110se of the variance provision in the Zoning Code is to give relief to property owners \vhen the strict enforcement of the zoning code requirements imposes a hardship thereby rcstricting the improvemcnt of property due to practical difficultics brought ahout by unique or extraordinary features of the physical property that are beyond the property O\vner's control; and, \VHEREAS, a puhlic hearing \\'as held Wednesday, August 7, .2002, with rcgard to this variancc request; and. . . . .. Resolution 703-02 August 7, 2002 Page .2 \YHEREAS, according to Scction 1125.02, Subdivision.2 orthe Mounds View Municipal Code, thc Planning Commission is to rcvicw a standard sct or criteria. of which all must bc satisiied, in order to grant a variance to the Zoning Codc. :\O\V. THEREFORE. BE IT RESOLVED. the Mounds Vicw Planning Commission hercby makes the follO\ving tindings of fact relatcd to this requcst: I. The right-or-way adjacent to the applicant's property extends a greater distance from thc roadway than othcr properties located on Old Highway 8, creating a unique situation. ') The litcral interpretation of the provisions ofthc Zoning Codc would deprivc thc applicant ofrights commonly enjoyed by othcr property owners in the 1- I, Industrial District in that propel1y improvemcnts are encouraged and that variances to the requirements are often justified whcn practical difficultics present a hardship as they do in this situation. 3. The applicant is not responsible for the conditions or circumstances that nccessitatc the approval of the variance_ 4. Granting the variance would not confCr upon the property owner a special privilege dcnied to othcrs in the samc district due to thc unique naturc of thc cx isting conditions prescnt on the site. 5. A variance to allow a one (I) foot setback is the minimum amount that would alleviate thc applicant's hardship_ (l. The reduccd setback would not impair a supply of light or increase congcstion, nor \vould it increasc the danger of firc or endanger the public safety or diminish property values. :\O\Y. THEREFORE. BE IT FURTHER RESOLVED. the Mounds View Planning Commission, based upon its revicw of thc documcntation, testimony presentcd at the public hearing, and the identified findings of fact, does hereby approve the variance request to allow a one (I) foot front yard sctback to construct a sign on the property located at 4749 Old Higll\\iay 8, contingcnt upon the following: I. The applicant shall alTangc to havc recorded with Ramsey County this resolution of approval and prO\-ide proof of such rccordation to the City within 60 days of thc date of approval, or this variance shall be rendered null and void. All additional ground signs existing on the propcrty shall be removed in conjunction \vith tbe installation of the proposed sign. ') . .- . Resolution 703-02 .. August 7, 2002 Page 3 Adopted this 7th day of August, 2002. ATTEST: (SEAL) /~~. A~ -. .... - ". -. .. .-. -. ----. Gary Stcvenso " Chairverson ,j L,;"'V t~1^-J Jim Ericson, Community Development Director