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Mourad Variance Appeal Report <br />August 9, 2004 <br />Page 15 <br /> <br /> <br />3. A driveway addition has been constructed on the property, which increased <br />the 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 <br />rights commonly enjoyed by other properties in the same district in that the <br />property is not unique compared to other properties in the same zoning <br />district. <br /> <br />6. Granting a variance in this case WOULD confer a special privilege not <br />enjoyed by other property owners in that there does not appear to be a <br />sufficient hardship 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 <br />the variance. <br /> <br />8. The hardship criteria as identified in Section 1125.02 have NOT been <br />satisfied. <br /> <br />WHEREAS, the applicant exercised his right to appeal to the City Council the <br />Planning Commission’s variance denial; and, <br /> <br />WHEREAS, the City Council has reviewed the following documents regarding <br />this proposal: <br /> <br />1. Application <br />2. Zoning Map <br />3. Photographic Documentation <br />4. Sketch of Driveway <br />5. Aerial Photograph <br />6. Planning Commission Resolution 763-04 <br />7. Staff Report <br /> <br />WHEREAS, the City Council held a public hearing regarding this request on <br />August 9, 2004; and, <br /> <br />WHEREAS, the Mounds View Zoning Code requires that the City Council <br />consider the advice and recommendation of the Planning Commission and shall <br />consider the relationship between the proposed variance and the Comprehensive plan <br />and consider the impacts of the use supported by findings of relevant fact. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council, based <br />upon its review of the facts and the information presented at the public hearing, does <br />hereby affirm the Planning Commission’s denial of the variance requested by Mr. Michel <br />Mourad for the 36-foot wide curb cut at 7090 Silver Lake Road.