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Ordinance 861 Page 3 Subd. 6. Administrative Variance Process: a. Types: Property owners seeking relief from the Zoning Code may request an administrative variance, provided that the property is zoned R-1 or R-2 and either of the following is applicable: (1) The request concerns setbacks; the variance amount is within twenty-five percent (25%) of code requirements; and approval of the variance does not result in a setback of less than five feet (5’); and (2) tThe request is related to a pre-existing, non-conforming driveway or curb cut. b. Review Procedures: The Director of Community Development will review administrative variance requests. In order to be approved, the variance request must meet the hardship criteria as stated in Section 1125.02, Subdivision 2. If hardship is evident all of the criteria are met and approval is granted, the adjacent property owners must be notified by mail of the preliminary approval and allowed ten (10) days to respond to the decision. Absent any opposition from adjacent property owners, the Planning Commission shall review the administrative variance request at the following regularly scheduled meeting. c. Denial and Appeals: If the Director chooses to deny a request, or if either the adjacent neighbors or the Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a formal variance from the Planning Commission. d. Fees: Administrative variance fees are set according to the fee schedule adopted by City Council resolution. SECTION 3. The Mounds View City Council hereby amends Title 1000, Chapter 1008, Section 1008.16, subdivision 1 of the Mounds View Zoning Code about Variances by deleting the stricken language and adding the underlined text as follows: Title 1000, Chapter 1008, Section 1008.16, subdivision 1 of the Mounds View City Code: Subd. 1. A variance to the provisions of Chapter 1008 may be considered by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner. Applications shall be submitted and reviewed in the same manner as indicated in Chapter 1125 of the Mounds View Zoning Code.