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110 Planning Commission Resolution 482-96 October 2, 1996 Page 2 WHEREAS, this variance request fails to meet the following criteria for granting a variance as stated in Section 1125.02 of the Zoning Code. 1. There are no exceptional or extraordinary circumstances which apply to this property which do not apply generally to other properties in the vicinity in that all of the properties fronting on Spring Lake Road in this area have the same parking restrictions; and, • 2. The granting of the variance would confer on the applicant a special privilege in that he would be allowed to build a parking area within one foot of the side property line without the consent of the neighboring property owner. The requirement for permission was included when the allowance for such parking areas was added to the Zoning Code, and is a key provision which recognizes the possible impact on neighboring properties and protects the public welfare. 3. Other alternatives are available to the applicant for providing additional guest parking on his property without needing a variance. There are 11 feet 6 inches between the existing driveway and the side lot line, allowing for six feet of parking • area to be added to the driveway within the required five foot setback. The applicant could also add to the north side of the driveway. The variance requested is not the minimum needed. 4. The variance will be materially detrimental to the purpose of the Zoning Code and to other property in the same zone in that the Code provisions specifically and intentionally requires permission from the adjacent property owner, and such permission has not been given. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission does hereby deny the variance req - . . .n rete .arkin• area within one foot of a side property line at 7755 Spring Lake Road. Adopted this 2nd day of October, 1996. Jerry Peterson, Chairman ATTEST Pamela Sheldon, Community Development Director (SEAL)