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Mourad Variance Appeal Report August 9, 2004 Page 14 RESOLUTION NO. 6322 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DENIAL OF A VARIANCE REQUESTED BY MICHEL MOURAD FOR A THIRTY-SIX (36) FOOT CURB CUT WIDTH AT 7090 SILVER LAKE ROAD; PLANNING CASE NO. VR2004-006 WHEREAS, Michel Mourad has applied for a variance from the maximum curb cut width requirement to allow a previously constructed driveway addition to remain on the property located at 7090 Silver Lake Road; and, WHEREAS, the subject parcel is legally described as follows: North 135 feet of Lot 96, Knollwood Park Ramsey County, State of Minnesota WHEREAS, the parcel is zoned R-1, Single Family Residential; and, WHEREAS, the maximum curb cut width allowed in R-1 zoning districts is 24 feet; and, WHEREAS, the applicant has constructed a driveway addition that increased the curb cut width to 36 feet without a permit; and, WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, the Planning Commission held a public hearing on July 7, 2004 and based on their review of the facts and their assessment of the hardship criteria, the Planning Commission adopted Resolution 763-04 denying the requested variance due to lack of hardship; and, WHEREAS, in their resolution of denial, the Mounds View Planning Commission identified the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: 1. The property is zoned R-1, Single Family Residential. 2. The maximum curb cut width allowed in R-1 zoning districts is 24 feet.