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• • Planning Case No.459-96: 7755 Spring Lake Road October 2, 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 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. This difficulty caused by parking restrictions is not unique to this property, however. Mr. Manning has the ability to add 6 additional feet in width (to five feet from the property line) using concrete without special permission from the City. He could add additional width on the north side of the driveway. The problems with his lawn could be addressed through a different type of landscaping. Allowing parking areas within one foot was added to the ordinance when parking was restricted on Mounds View streets. Particular thought was given to limiting such parking areas to only temporary surfacing and with permission of the neighboring property. 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 recognizes that parking areas that close may have an impact on the neighbor. Granting this variance would run counter to the very purpose for the Code requirement. Staff Recommendation: Approval of the attached resolution denying a request for a concrete parking area within • one foot of a side property line at 7755 Spring Lake Road. cc: John R. Manning, 7755 Spring Lake Road, Mounds View, MN 55112