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Planning Commission Resolution 563 -98 <br />Blacktop Paving of Minnesota Variance Request <br />December 2, 1998 <br />Page 2 <br />WHEREAS, there are no extraordinary or exceptional circumstances that apply to this <br />property that would justify the granting of this variance request; and, <br />WHEREAS, the literal interpretation of the provisions of the City Code does not deprive <br />the applicants of rights commonly enjoyed by other properties in the same district; and <br />WHEREAS, the conditions which necessitate the variance request have been caused by <br />the applicant in that the applicant failed to obtain a building permit for the work performed; and <br />WHEREAS, granting this variance requested will confer on the applicants a special <br />privilege that is denied by this Title to owners of other lands, structures or buildings in the same <br />district in that driveways are required to maintain a minimum one -foot setback from adjoining <br />properties. <br />NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission <br />acting as the Board of Adjustment and Appeals, (1) denies the variance request of Blacktop <br />Paving of Minnesota, representing Ted Jarvis, property Owner of 2236 Hillview Road, and (2) <br />requires that Blacktop Paving of Minnesota remove a one- foot's width of pavement to bring the <br />driveway into compliance with the City Code, restoring the ground to its previous condition. <br />Adopted this 2nd Day of December, 1998. <br />Jerry Peterson, Chairman <br />ATTEST <br />Rick Jopke, Community Development Director <br />(SEAL) <br />N:IDATAIGROUPSICOMDEVIDE VCASES\539- 981VARIANCE. RES <br />