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Mounds View Planning Commission December 3, 2003 Regular Meeting Page 4 ________________________________________________________________________ Planner Prososki indicated she had reached a representative of the company and was told by him that they accept responsibility for the error and said it was due to a miscommunication. Mr. Thompson indicated he would like to keep the driveway as it is since it is done, but if necessary, he can have the pavement removed and grade it for grass or crushed rock. Acting Chair Miller indicated there are criteria that have to be met for the Planning Commission to grant a variance and this case does not meet the criteria. Commissioner Zwirn assured the Thompsons that the City would work with them to negotiate resolution of this matter with the blacktop company. Acting Chair Miller asked that the language to be added to the Resolution be read. Planner Prososki read the language. MOTION/SECOND: Zwirn/Johnson. To Approve Resolution 744-03, a Resolution Denying a Variance from the Maximum Curb Cut Width Requirement to Allow a Previously Constructed Driveway Addition to Remain. Ayes – 4 Nays – 0 Motion carried. ______________________________________________________________________________ 7. Public Hearing and Discussion Regarding a Request for a Side Yard Setback Variance at 5072 Brighton Lane. Planner Prososki indicated that the applicant wishes to construct a second story addition over the garage but requires a sideyard variance to do so since the home is constructed on a small lot and the garage is within 8 feet of the lot line. She then indicated that Staff feels the hardship requirements can be met in this case as the lot is smaller than the City’s minimum standards and the home is under the minimum square footage requirements. The front yard is sloped in such a fashion that expansion that way is not feasible and in the rear yard there is an existing deck and mature trees. The Commission agreed that this addition would be an improvement to the home and noted that there is no expansion of the footprint of the home and no expansion of the encroachment into the setback as the expansion is directly on top of the existing garage that is 8 feet from the property line. MOTION/SECOND: Hegland/Zwirn. To Approve Resolution 746-03, a Resolution Approving a Variance to Allow for an Eight-Foot Sideyard Setback for a Living-Space Addition at 5072 Brighton Lane. Ayes – 4 Nays – 0 Motion carried. ______________________________________________________________________________