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Mounds View Planning Commission October 16, 2002 Regular Meeting Page 3 ________________________________________________________________________ 6. Planning Case VR02-011 Planner Atkinson explained that the applicant had requested a variance to allow a previously constructed driveway addition to remain that is wider than what is allowed in the Zoning Code. He then explained that the driveway is currently 41 feet wide and the Zoning Code limits the curb cut width to 32 feet in R-2 zoning districts. Planner Atkinson outlined the two issues with this case as the curb cut being too wide and the driveway width being too wide. He then explained that the driveway existed before the new addition and it existed at 41 feet. He also explained that Staff had done some research and found a permit card that said the applicant was to appear before Council but Staff found no language explaining why the nonconforming driveway was allowed. Planner Atkinson said that Staff feels the expansion of a nonconforming use is secondary to the curb cut issue in this case the Planning Commission should focus on the curb-cut. He then indicated that Staff found it difficult to meet the hardship requirement for this matter and has prepared a Resolution of denial. He also noted that, if the variance were denied, the applicant would need to remove that section of the driveway that has already been constructed. Chair Stevenson indicated that only the section between the right-of-way and the street would need to be removed. Commissioner Zwirn asked how long the applicant has owned the property. Planner Atkinson indicated the property was purchased by the applicant last year. Commissioner Zwirn asked how long the 41-foot driveway has existed. Planner Atkinson indicated that the 41-foot driveway was constructed by the previous owner but Staff is unsure how long ago. Commissioner Miller commented that she wondered why the person installing the driveway would not be aware that a permit was required. Commissioner Zwirn said he feels the hardship could be met from the standpoint that people have been using the grassy area as a turnaround and causing damage that the landlord owner continually has to repair. He then said that she did do something without coming to the City for a permit but he hesitates to penalize her for attempting to solve a maintenance issue at her rental property. He also indicated he would like to have the applicant come before the Commission to discuss the matter. Commissioner Zwirn commented that he feels there is a burden on the City because there is no clear record keeping as to the permit and she should not be faulted for that.