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Planning Commission Resolution 558-98 September 2, 1998 Page 2 WHEREAS, the literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district in that nearly twenty percent of the corner lots surrounding the subject property have two curb cuts; and, WHEREAS, special conditions or circumstances do not result from the actions of the applicant in that the driveway's existence predates the enactment of the Ordinance which p[rohibits two curb cuts; and, WHEREAS, granting the variance requested would not confer on the applicant a special privilege that is denied by this Title to owners or other lands, structures or buildings in the same district in that other corner lots within the City have two curb cuts; and, WHEREAS, the variance requested is the minimum variance which would alleviate the hardship, in that adding the second curb cut is the minimum variance possible to alleviate the hardship of living on a corner lot; and, WHEREAS, the variance would not be materially detrimental to the purpose of this Title or to other properties in the same zone in that maintaining the public safety does not conflict with the City Code; and, WHEREAS, the variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood in that approving the variance for a second curb cut at this location would lessen the endangerment to public safety. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission acting as the Board of Adjustment and Appeals approves the variance to allow two curb cuts at 8111 Eastwood Road as requested by Michael Tobias. Adopted this 16th day of September, 1998. Jerry Peterson, Chairman ATTEST Rick Jopke, Community Development Director SEAL N:\DATA\GROUPS\COMDEV\DEVCASES1535-98\5 58-98A RES