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Mourad Variance Appeal Report <br />August 9, 2004 <br />Page 13 <br /> <br />NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission <br />hereby makes the following findings of fact related to the hardship criteria identified in Section <br />1125.02 of the Mounds View Zoning Code: <br /> <br />1. The property is zoned R-1, Single Family Residential. <br /> <br />2. The maximum curb cut width allowed in R-1 zoning districts is 24 feet. <br /> <br />3. A driveway addition has been constructed on the property, which increased the <br />curb cut width to 36 feet. <br /> <br />4. The property is regularly shaped and is neither exceptional nor extraordinary <br />given the number of properties within the City that are zoned R-1. <br /> <br />5. The literal interpretation of the Code would NOT deprive the applicant of rights <br />commonly enjoyed by other properties in the same district in that the property is <br />not unique compared to other properties in the same zoning district. <br /> <br />6. Granting a variance in this case WOULD confer a special privilege not enjoyed <br />by other property owners in that there does not appear to be a sufficient hardship <br />to warrant approval of the variance. <br /> <br />7. The variance WOULD be materially detrimental to the purpose of this Title in <br />that there does not appear to be a sufficient hardship to warrant approval of the <br />variance. <br /> <br />8. The hardship criteria as identified in Section 1125.02 have NOT been satisfied. <br /> <br />NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning <br />Commission, based upon its review of the hardship criteria, testimony presented at the public <br />hearing and the identified findings of fact, does hereby deny the variance request to allow a <br />driveway to exceed the maximum curb cut width on the property located at 7090 Silver Lake <br />Road. <br /> <br />NOW, THEREFORE, BE IT FINALLY RESOLVED by the Planning Commission <br />that the applicant shall be notified of the right to appeal this denial to the City Council. The <br />appeal shall be submitted in writing within 10 business days of the adoption of this Resolution. <br /> <br /> <br />Adopted this 7th day of July, 2004. <br /> <br />_________________________________________ <br />Gary Stevenson, Chairperson <br /> <br />Attest: <br />_________________________________________ <br />James Ericson, Community Development Director <br /> <br />(Seal)