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. Mounds View Planning Commission December 2, 1998 Regular Meeting Page 4 After reviewing the criteria for this type of variance, staff determined there was no hardship to justify approving a variance for this condition. Staff was recommending approval of Planning Commission Resolution No. 563-98, a resolution denying the variance request of Blacktop Paving of Minnesota to allow a zero-foot setback for a driveway and requiring said contractor to remove one foot in width of the pavement and restore the area with sod, weather permitting. Chairperson Peterson opened the public hearing. No comments were considered from the public, and the floor was returned to the Commission. Stevenson expressed his concern that the contractor was licensed in the City of Mounds View and should have been aware of permit and code requirements. Ericson said the contractor had told staff it was an oversight on their part. Brasaemle said there was no question as to where the property line was because there is an existing fence there. Motion/Second: Brasaemle/Obert to approve resolution No. 563-98, a Resolution Denying a . Variance Request to Allow a Zero-Foot Driveway Setback at 2223 Hillview Road. Ayes - 5 Nays - 0 The motion carried. 7. Planning Case No. 541-98 Property Involved: 2430 Highway 10 Consideration of Resolution No. 564-98, a Resolution Recommending Approval of a Preliminary Plat to Subdivide a 25-Acre Parcel Into Seven Lots. Applicant: Anthony Properties, Represented by Wendell Smith The applicant was not present. Associate Ericson gave the staff report as follows: The Mounds View City Council approved the development stage of the Anthony Properties Planned Unit Development (PUD) on April 27, 1998. This PUD allows for the 15-screen movie • theater, three office buildings and two retail or restaurant uses. The final plan for this development was approved administratively by the City and Building permits have been issued for