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MOr ��S MEW Item , 2 13 lJ1VlJ V1t.�Y Meeting Date: March 20, 2013 Type of Business: Public Hearing City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Variance to allow a 2nd Driveway to Remain at 7900 Greenfield Avenue; Planning Case VR2013-001 Introduction: The applicants, Colvert and Theresa People, property owners of 7900 Greenfield Avenue are requesting a variance to be able to keep a second driveway that has existed since 1994. The City Code allows R-1,single family, zoned properties to only have one curb cut/driveway without a variance. The applicants are applying forthe variance now because Hillview Road will be reconstructed this year and they didn't want to lose their second driveway. The City is attempting to bring driveway curb cuts into compliance as much as possible during the street reconstruction projects. Discussion: 7900 Greenfield Avenue is a corner lot with a detached garage and driveway, and a second driveway and curb cut. Both driveways access Hillview Road. In 1994, the former owners applied for a variance in order to construct a second driveway that lead up to the back of the house because of health and mobility difficulties. The detached garage is a distance away from the house which is why the second driveway was wanted. The Planning Commission approved the variance with the condition that this second driveway be removed 10 years after the variance approval or upon the sale of the property. It is now almost 19 years later, the house was sold to the applicants in 2002, and the second driveway still exists. The applicants were not told of these conditions when they purchased the house, and one of the selling points for them was this second driveway because Theresa also has mobility difficulties. The Zoning Code states that the Planning Commission may issue a variance to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owner's land. This is true for all variance requests. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. A variance may be granted only in the event that all of the following circumstances exist: a. The variance is in harmony with the general purposes and intent of these regulations. The City Code limits the amount of curb cuts and driveways for aesthetics and for safety by having less vehicle entry points onto a street.