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. . . RESOLUTION NO. 6322 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AFFIRMING THE PLANNING COMMISSION'S DENIAL OF A VARIANCE REQUESTED BY MICHEL MOURAD FOR A THIRTY-SIX (36) FOOT CURB CUT WIDTH AT 7090 SILVER LAKE ROAD; PLANNING CASE NO. VR2004-006 WHEREAS, Michel Mourad has applied for a variance from the maximum curb cut width requirement to allow a previously constructed driveway addition to remain on the property located at 7090 Silver Lake Road; and, WHEREAS, the subject parcel is legally described as follows: North 135 feet of Lot 96, Knollwood Park Ramsey County, State of Minnesota WHEREAS, the parcel is zoned R-1, Single Family Residential; and, WHEREAS, the maximum curb cut width allowed in R-1 zoning districts is 24 feet; and, WHEREAS, the applicant has constructed a driveway addition that increased the curb cut width to 36 feet without a permit; and, 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, the Planning Commission held a public hearing on July 7,2004 and based on their review of the facts and their assessment of the hardship criteria, the Planning Commission adopted Resolution 763-04 denying the requested variance due to lack of hardship; 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: 1. The property is zoned R-1, Single Family Residential. 2. The maximum curb cut width allowed in R-1 zoning districts is 24 feet. 3. A driveway addition has been constructed on the property, which increased the curb cut width to 36 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-1. 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.