Agenda Packets - 1998/12/28 - Laserfiche WebLink

Home Browse Search

RESOLUTION NO. 5299 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUPPORTING THE ACTION OF THE PLANNING COMMISSION WITH REGARD TO PLANNING COMMISSION RESOLUTION 558-98, A RESOLUTION DENYING A VARIANCE REQUEST FOR TWO CURB CUTS AT 8111 EASTWOOD ROAD, REQUESTED BY MICHAEL TOBIAS; PLANNING CASE NO 535-98 WHEREAS, Michael Tobias has appealed a Planning Commission variance denial to the City Council regarding a request to maintain two curb cuts at his property located at 8111 Eastwood Road, legally described as: Subject to Sherwood and Eastwood Roads, The East 215 Feet of the West 1799 Feet of the South 200 Feet of the Northeast 1/4 of Section 6, Township 30, Range 23 WHEREAS, according to Section 1121.09, Subdivision 5e of the City Code, no single- family residential property may have more than one curb-cut, unless requirement is waived by the Planning Commission in the interest of public safety; and, WHEREAS, according to Section 1123.07 of the City Code, if a non-conforming use is damaged or destroyed to an extent beyond 50 percent of its value, any reconstruction or repair shall be held subject to all current zoning regulations; and, WHEREAS, Mr. Tobias obtained a building permit to replace his driveway on the condition that the property's second curb (facing Sherwood Road)be removed, a condition to which Mr. Tobias agreed; and, WHEREAS, the contractor mistakenly replaced the driveway to Sherwood Road, in violation of the terms of the building permit and the City Code; and, WHEREAS, the Planning Commission at its meeting on 9/16/98 voted to deny the variance request made by Mr. Tobias on the grounds that there was no hardship nor any threat to public safety; and, WHEREAS, Mr. Tobias appealed the decision of the Planning Commission to the City Council on 11/23/98, at which meeting the City Council directed the Planning Commission to examine the possibility of amending the Code to allow multiple curb cuts; and, WHEREAS, the Planning Commission held a public meeting on December 16, 1998, for which a notice had been published in the New Brighton Bulletin and for which two news articles had been published in the Focus to discuss a possible Code amendment to allow multiple curb cuts on corner lots; and,