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Mounds View Planning Commission February 3, 2016 Regular Meeting Page 2 A. VR2016-001 Variance Request for a Reduced Driveway Setback Applicant: .Tames Cigelski, The Asphalt Company Owners: Joe and Gina Dielcman Address: 2200 Hillview Road City Administrator Ericson stated the applicant, Jim Cigelski, representing property owners Joe and Gina Dickman, is requesting approval of a variance for a reduced driveway setback at 2200 Hillview Road. The applicant replaced the Dickman's driveway in 2015 and was told after the work had been completed that the driveway was too close to the property line by a foot and a half. Staff noted the required setback is five feet. Mr. Cigelski contends that the driveway was replaced in the same place as the original driveway. A review of historical aerial overlays would seem to support this statement. Rather than remove part of the driveway, the applicant and the owners are requesting a variance to allow the driveway to remain in place as is. The previous driveway appears to have been located with a 3.5 -foot setback. It was noted the adjoining property at 2192 Hillview Road also has a driveway with a 3.5 -foot setback. Staff reviewed the variance criteria in detail and recommended the Planning Commission hold a public hearing and approve the variance as requested. Chair Stevenson questioned why a public hearing was required. City Administrator Ericson stated Minnesota State Statutes establishes when public hearings are required. He explained variances require public hearings as it allows neighboring property owners a chance to voice concerns based on the requested deviation from City Code. Chair Stevenson opened the public hearing at 7:10 p.m. Commissioner Klebsch asked if the neighboring property owner would be required to obtain a variance. City Administrator Ericson stated a variance would not be required unless the driveway was replaced. Commissioner Schiltgen questioned how the City found out about the driveway situation. City Administrator Ericson reported the driveway work was completed by the contractor prior to receiving a permit from the City. Chair Stevenson encouraged all contractors and residents to obtain a permit with the City prior to completing any work. Chair Stevenson closed the public hearing at 7:13 p.m. MOTION/SECOND: Commissioner Schiltgen/Commissioner Rundle. To approve Resolution 1041-16, a Resolution Recommending Approval of a Variance for a Reduced Driveway Setback at 2200 Hillview Road; Planning Case No. VR2016-001. Ayes — 7 Nays — 0 Motion carried.