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Item No: 10C Meeting Date: August 9, 2004 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Public Hearing and Consideration of a Variance to Allow a Driveway to Exceed the Maximum Curb Cut Width at 7090 Silver Lake Road; Planning Case VR2004-006 Introduction: The applicant, Michel Mourad, is requesting a variance to allow an already constructed driveway to remain as built at his property located at 7090 Silver Lake Road. This request was heard before the Planning Commission during a public hearing on July 7, 2004. The Planning Commission voted to deny the appeal based on lack of hardship. Mr. Mourad is exercising his right to appeal the Planning Commission’s denial of his variance request. The driveway was constructed without a permit and exceeds the maximum curb cut width allowed in an R-1 district. Mounds View Zoning Code requires that the curb cut is no more than twenty-four (24) feet wide at the right-of-way. The expansion of the driveway created a thirty-six (36) foot wide curb cut. The requested variance is for twelve (12) feet. The applicant is requesting that the Council table this item until the first Council meeting in September, as he is out of the Country until late August. Had Mr. Mourad informed Staff of his schedule before the public hearing notice had been sent, Staff could have accommodated his request to delay until September. Because the public hearing notice had already been posted, Staff informed the applicant that it would be up to the City Council to decide if the variance request would be tabled until September 13, 2004. (See attached letter.) Discussion: Driveway and curb cut requirements are addressed in Section 1121.09 of the Zoning Code. The property is zoned R-1, Single Family Residential. In an R-1 district, the maximum curb cut width is twenty-four (24) feet. As built, the driveway has a curb cut of thirty-six (36) feet, twelve (12) feet in excess of the permitted amount. Section 1104.01 states that driveways must be setback five (5) feet, unless permission is obtained from the owners of the abutting lots, in which case, the driveway is permitted to be setback one (1) foot. The driveway meets the setback requirements, however, it exceeds the curb cut width limits.