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<br /> <br /> <br />RESOLUTION NO. 7927 <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION DENYING A REQUEST FOR A CURB CUT TO EXCEED 24 FEET <br />AT 5177 RED OAK DRIVE <br /> <br /> <br />WHEREAS, Dayton & Lillian Ward have requested City approval to allow their wider <br />than 24 foot curb cut to remain as is at 5177 Red Oak Drive; and, <br /> <br />WHEREAS, the existing driveway has a 28 foot wide curb cut onto Red Oak Drive <br />making it nonconforming with current City standards; and, <br /> <br />WHEREAS, the City Council adopted Resolution 7338 on September 22, 2008 that set <br />the policies and standards for nonconforming driveways within the street and utility <br />improvement program: and: <br /> <br />WHEREAS, Resolution 7338 states that the City will allow a curb cut to exceed the <br />maximum width requirement only if all three of the conditions are met; and, <br /> <br />WHEREAS, Condition 3b of the three City-required conditions states “The curb cut in <br />question has been permitted by the City through an approved variance or other acceptable <br />means”; and, <br /> <br />WHEREAS, the City has not given any type of approval for this curb cut to exceed 24 <br />feet wide; and, <br /> <br />WHEREAS, Condition 3c of the three City-required conditions states “The City <br />determines that it is not possible to reduce the width of the driveway to comply with the <br />maximum allowable curb cut width”; and, <br /> <br />WHEREAS, it does not appear that there would be any problems with reducing the <br />width of the curb cut at 5177 Red Oak Drive to the maximum allowed size of 24 feet; and, <br /> <br />WHEREAS, this appeal does not meet all the conditions for nonconforming driveways <br />set by the Council in Resolution 7338; and, <br /> <br />WHEREAS, Mr. and Mrs. W ard have appealed the decision of City staff to deny their <br />28 foot wide curb cut. <br /> <br />NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the <br />following findings of fact about Dayton and Lillian Ward’s request for a wider driveway curb <br />cut at their property at 5177 Red Oak Drive: <br /> <br />1. Exceptional or extraordinary circumstances do not apply to the property that <br />warrants approval of the requested 28 foot wide curb cut. The property has <br />sufficient access without the need for more than a 24 foot wide curb cut.