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Mounds View Planning Commission December 3, 2003 Regular Meeting Page 3 ________________________________________________________________________ 6. Public Hearing and Discussion Regarding Variance Request for 2817 Laport Drive. Planner Prososki indicated that the applicant has requested an 8 foot variance to the curb cut requirements due to the fact that the contractor failed to obtain a permit and the work on the driveway has already been done. She then explained that the applicants were having issues with backing their truck and fifth wheel trailer up the driveway due to the slope and it was causing damage to their vehicle. The reason for the driveway improvement was to eliminate that issue. Planner Prososki indicated that Staff does not find a hardship in this instance and has provided a resolution for denial for consideration. She then read a section she would like to have inserted: Now, therefore, be it finally resolved by the Planning Commission that the applicant shall be notified of the right to appeal this denial to the City Council. The appeal shall be submitted in writing within 10 business days of the adoption of this Resolution. Mrs. Thompson of 2817 Laport Drive addressed the Commission and explained the issue with the slope of the driveway causing damage to their vehicle. She then apologized for the contractor not pulling the permit and asked the Commission to consider allowing the variance to leave the driveway as it is since the work has already been done. Mrs. Thompson indicated that they have a close neighborhood and none of the neighbors have an issue with the driveway. Acting Chair Miller asked whether the slope of the driveway was changed when it was paved. Mr. Thompson indicated that the driveway now slopes about two inches rather than the previous 10. He then asked whether it was a big enough issue for the City to require that they remove the pavement. Commissioner Johnson indicated that other residents would want the same thing and that is why it is an issue. Commissioner Zwirn asked whether the contractor had indicated they were to obtain the permit. Mr. Thompson indicated he was told they would be getting the permit. When he found out they had not, he immediately came to City Hall and applied for one and was told that the drawing did not meet code and a variance would be necessary to allow it. Commissioner Zwirn indicated the Commission needed to resolve the issue to the best result for the City and the applicant and, since the slope has been changed and the pavement that needs to be removed is only from the right of way to the street he would recommend that the applicant request that the blacktop company do so at its own expense and that they provide fill or grading to maintain the same level as the remaining blacktop.