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• Planning Case No.459-96: 7755 Spring Lake Road September 18, 1996 Page 3° Analysis/ Recommendation: The strict application of the Zoning Code(Section 1121.09, Subd. 7)would only allow the expansion of a parking area on Mr..Manning's property to within one foot of the side property line if: • the surfacing were temporary(brick or concrete pavers, asphalt construction or gravel construction), and • his neighbor gives written permission When parking areas are placed within one foot of a property line, there is very little ability to provide buffering between the parking area and the neighbor. The requirement to obtain written permission from the neighboring property owner for recognizes that parking areas that close may have an impact on the neighbor. Granting this variance would run counter to that intent. Mr. Manning is in a somewhat difficult situation. His neighbor is unwilling to provide • written permission. The neighbor's pine trees are shading the area where Mr. Manning wants to put the parking area, making it difficult to keep the lawn growing there. The neighbor's house is 80 feet from the side property line. Mr. Manning does have a hardship different from many of the residential areas in Mounds View in that parking is prohibited at all times on the street fronting his property. He does not have sufficient room in his current driveway for guest parking. Mr. Manning desires to use concrete since his existing driveway in the area which would be extended is also concrete. The portion of the driveway which crosses Spring Lake Road right-of-way is asphalt (see plot plan). Variance Criteria (1125.02 Sub. 2) The applicant has provided a letter addressing each of the criteria for granting variances. In summary, the variance procedure is available to address situations where the normal application of the Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district. Allowing Mr. Manning to expand his parking area would address the hardship created by the parking restrictions on Spring Lake Road and the problems caused by the area along his side property line being shaded. Staff favors allowing an expanded parking area between the front property line and the front face of the house. This area is approximately 600 square feet, which would allow at least three additional cars to be parked on the property. The existing driveway and the 600 square foot area would allow approximately nine cars to be parked on the property. Staff feels . providing for parking this number of cars is sufficient to address the hardship. In addition, staff feels the surfacing should be limited to the materials classified as temporary in the