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Planning Commission Resolution 558 -98 <br />September 2, 1998 <br />Page 2 <br />WHEREAS, the literal interpretation of the provisions of this Title would deprive the <br />applicant of rights commonly enjoyed by other properties in the same district in that nearly <br />twenty percent of the corner lots surrounding the subject property have two curb cuts; and, <br />WHEREAS, special conditions or circumstances do not result from the actions of the <br />applicant in that the driveway's existence predates the enactment of the Ordinance which <br />prohibits two curb cuts; and, <br />WHEREAS, granting the variance requested would not confer on the applicant a special <br />privilege that is denied by this Title to owners or other lands, structures or buildings in the same <br />district in that other corner lots within the City have two curb cuts; and, <br />WHEREAS, the variance requested is the minimum variance which would alleviate the <br />hardship, in that adding the second curb cut is the minimum variance possible to alleviate the <br />hardship of living on a corner lot; and, <br />WHEREAS, the variance would not be materially detrimental to the purpose of this Title <br />or to other properties in the same zone in that maintaining the public safety does not conflict with <br />the City Code; and, <br />WHEREAS, the variance would not impair an adequate supply of light and air to adjacent <br />property or substantially increase the congestion of the public streets or increase the danger of fire <br />or endanger the public safety or substantially diminish or impair property values within the <br />neighborhood in that approving the variance for a second curb cut at this location would lessen <br />the endangerment to public safety. <br />NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission <br />acting as the Board of Adjustment and Appeals approves the variance to allow two curb cuts at <br />8111 Eastwood Road as requested by Michael Tobias. <br />Adopted this 16th day of September, 1998. <br />Jerry Peterson, Chairman <br />ATTEST <br />Rick Jopke, Community Development Director <br />SEAL <br />N:1DATA1GROUPS1COMDEVIDE V CAS ES1535 -9815 58 -98 A. RES <br />