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Item No. 7,.:1. Staff Report No. Meeting Date: November 23, 1998 Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Planning Associate Item Title/Subject: Appeal of a Variance Denied by the Planning Commission on September 16, 1998, Requested by Michael Tobias of 8111 Eastwood Road; Planning Case No. 535-98 Date of Report: November 20, 1998 Background: On September 16, 1998, the Mounds View Planning Commission, acting as the Board of Adjustment and Appeals, denied a variance request by Michael Tobias residing at 8111 Eastwood Road to allow for two curb cuts on his lot, one accessing Eastwood Road, the other to access Sherwood Road. The original Planning Commission staff report, including the adopted Resolution 558-98 and minutes from the meeting, are attached for the Council's review. Discussion: Mr. Tobias, acting in accordance with City Code provisions, is exercising his right to have the Planning Commission's ruling of denial appealed to the Mounds View City Council. The City Code, in Section 1125.02, requires that certain criteria be met for a variance to be approved. The essence of these criteria, which are spelled out in the report and resolution, is that there must be a hardship or practical difficulties not caused by the property owner but attributable to the property itself. The Planning Commission acted to deny the variance request on the basis that there was no discernable hardship associated with the property which would warrant the granting of such a variance. Recommendation: Direct staff to draft a resolution in response to Mr. Tobias' request to have the Planning Commission's action of denial overturned.