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Planning Commission Resolution 556-98 IIP September 2, 1998 Page 2 grade, which is not possible without exposing the footings of the garage and possibly interupting the flow of drainage from the property; and, WHEREAS, the variance requested is the minimum variance which would alleviate the hardship, in that because the setback is only two feet for a sidewalk and the fence (presumably) is not on the property line, the variance requested is minimal--probably one foot to one and a half feet; 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 property owners have unobstructed access to the area between their garage and property line; and, WHEREAS, the variance would not be materially detrimental to the purpose of this Title or to other property in the same zone in that the the City Code allows driveways--a more intensive use--to be located within one foot of a property line; and, WHEREAS, the variance would not 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 a sidewalk would have no impact upon property values, supply of light or air, and may even decrease the risk 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 request of Timothy White, to allow a sidewalk within the two-foot sideyard setback at 5249 Greenfield Avenue. Adopted this 16th day of September, 1998 Jerry Pe erson, Chairman ATTEST RICK Jopke, Community Development Director SEAL • N:\DATA\GROUPS\COMDE V\DE VCAS ES\533-98\556-98A.RES