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Mounds View Planning Commission October 19, 2005 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Case VR2005-013. Consideration of a Variance Request for a Driveway Extension/Parking Area and Lean-to Garage Addition within 1 Foot of the Property Line. Planning Associate Heller reviewed the staff report indicating the applicant, Dan Kelner, 8036 Fairchild Avenue, is requesting a variance to permit a driveway/parking area extension along the side of the garage with a lean-to covering it, built onto the side of his garage within one foot of the south side property line. Most of the lean-to structure has already been constructed and the concrete extension is complete – both without a permit. Mr. Kelner, after receiving notification that the construction was in violation of code requirements, stopped and applied for a variance. Planning Associate Heller stated for approval of the request there needs to be a demonstrated hardship or practical difficulty associated with the property. There are no extraordinary circumstances; the applicant would not be deprived of commonly enjoyed rights; granting the variance would confer a special privilege; and stormwater runoff would most likely drain onto the adjoining property. Planning Associate Heller noted the Planning Commission received one letter from a neighbor supporting the requested variance. However, due to the above noted, she recommended the Planning Commission deny the variance as requested. Chair Stevenson opened the public hearing at 7:07 p.m. Chair Stevenson asked what the condition of the driveway was prior to purchasing the property. He also asked how long the concrete had been in before the lean-to construction was started. Mr. Kelner replied he purchased the property in 2000 and at that time the driveway construction was already there, but with gravel and weeds. The neighbor had no objection with him replacing the driveway extension with concrete. He added the concrete was poured about a week before construction on the lean-to was started. Chair Stevenson asked if the construction is seven feet wide from the garage. He also asked if the driveway was raised when it was put in. Mr. Kelner replied there is approximately one foot to the property line. He added the driveway was raised prior to 2000 and timbers were put in. Commissioner Miller stated the construction cannot really be seen from the road due to trees. She asked if the lean-to is being constructed to protect what will be parked there. Mr. Kelner replied the construction was considered a repair, not an extension of a footprint. He added he is thinking of putting a boat in the lean-to. Commissioner Zwirn asked if there are plans to put a roof on it. Mr. Kelner replied yes. He added the reason he failed to apply for a permit on the lean-to was that in reading through materials provided by the City he believed a lean-to did not qualify in any of the categories.