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HomeMy WebLinkAboutPlanning Commission Resolution 711-02 ~~ .. . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 711-02 CITY OF MOUNDS VIEW COUNTY OF RAMSEY ST ATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENT TO CONSTRUCT A SIGN ON THE PI~OPERTY LOCATED AT 4759 OLD HIGHWAY 8; PLANNING CASE VR02-()08 WHEREAS, The applicant, Midway Industrial Supply, has applied for a variance from the front yard setback requircment to construct a business idcntification sign on the property locatcd at 4759 Old Highway 8; and, WHEREAS, 4749 Old Highway 8 is zoned 1-1. Industrial District, and is legally described as follows: Midway Indl/strial. Block 1. Lot 1 Ramsey COl/nty, Minn('sola WHEREAS, thc Mounds View Planning Commission has reviewed the following documents rcgarding this proposal: J. Planning Application 2. Site Plan 3. Letter from Applicant 4. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Codc is to givc rclief to propcrty owncrs when thc strict enforcement of the zoning code requirements imposcs a hardship thcreby restricting the improvement of propcrty due to practical difficulties brought about by unique or extraordinary features of the physical property that arc beyond thc property owner's control; and, WHEREAS, a public hearing was held Wcdnesday, Septcmber J8, 2002, with regard to this variance request; and, . . . . Resolution 711-02 September 18,2002 Page 2 WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set or critcria, of which all must be satisfied, in ordcr to grant a variance to the Zoning Code. NOW, THEREFORE, HE IT RESOL VEn, the Mounds View Planning Commission hereby makes thc following findings of fact related to this request: 1. The right-of-way adjaccnt to the applicant's property extends a greatcr distance from the roadway than othcr propertics located on Old Highway 8, creating a unique situation. ') The literal intelvretation of the provisions of thc Zoning Codc would deprive the applicant ofrights commonly cnjoyed by other property owners in the I-I. Industrial District in that property improvements are encouraged and that variances to the rcquirements arc often justified when practical difficulties prescnt a hardship as they do in this situation. 3. The applicant is not rcsponsible for the conditions or circumstances that nccessitate thc approval of the variancc, 4. Granting the variance would not confer upon the property owner a special privilege denicd to others in thc same district duc to the unique nature of the existing conditions present on the site. 5. A variance of 14 fcct to allow a one (1) foot setback is the minimum amount that would allcviate the applicant's hardship. 6. The rcduced setback would not impair a supply of light or increase congestion, nor would it increasc thc danger of firc or endanger the public safety or diminish property valucs. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony prcscnted at the public hearing, and the identificd findings of fact, does hcreby approvc thc request for a variance of 14 feet to allow a one (1) foot front yard sctback to construct a sign on the property located at 4759 Old Highway 8, contingent upon the following: I. The applicant shall alTangc to have recorded with Ramsey County this resolution of approval and provide proof of such rccordation to the City within 60 days of the date of approval, or this variance shall be rendercd null and void. . . . Resolution 71 1-02 September 18, 2002 Page 3 Adopted this 18th day of September, 2002. ATTEST: (SEAL) A'" ~ / / .-'.1 ,'......;r~ '_/-~/~/ .LV ~.J ". Gary Stevenson, Chairperson ,J Vv~ ~:,1~10 Jim Ericson, Community Development Director