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Resolution 6032 Page 2 . WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, in their resolution of denial, the Mounds View Planning Commission identified the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: . I. The property is zoned R-2, Single and Two-Family Residential. 2. The maximum curb-cut width allowed in R-2 zoning districts is 32 feet. 3. A driveway addition has been constructed on the property, which increased the curb-cut width to 41 feet. 4. The property is regularly shaped and is neither exceptional nor extraordinary given the number of properties within the City that are zoned R-2. 5. The literal interpretation of the Code would NOT deprive the applicant of rights commonly enjoyed by other properties in the same district in that the property is not unique compared to other properties in the same zoning district. 6. Granting a variance in this case WOULD confer a special privilege not enjoyed by other property owners in that there does not appear to be a sufficient hardship to warrant approval of the variance. 7. The variance WOULD be materially detrimental to the purpose ofthis Title in that there does not appear to be a sufficient hardship to warrant approval of the variance. 8. The hardship criteria as identified in Section 1125.02 have NOT been satisfied. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council, based upon its review of the facts and the infol1nation presented at the public hearing, does hereby affirm the Planning Commission's denial of the variance requested by Ms. Violet Woods for the curb cut at 7622 - 7624 Woodlawn Drive. NOW, THEREFORE, BE IT FINALI"Y RESOLVED, the Mounds View City Council orders that the driveway at the curb eut be brought into compliance with City Code, which limits curb cuts to 32 feet in width. Adopted this 9th day of June, 2003. ~ ~ Cl..-'Yv'-b<:l k{...~-c'r),.~ James Ericson, Interim City Administrator . Attest: (Seal)