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Mounds View Planning Commission July 18, 2001 Regular Meeting Page 2 ________________________________________________________________________ 3. Citizens Requests and Comments on Items Not on the Agenda None. ________________________________________________________________________ 4. Planning Case No. VR01-007 Director of Community Development Ericson summarized the request for a second curb cut at 8081 Red Oak Drive. The applicants are Jim and Jennifer Osterlund. Director Ericson explained the curb cut has already been installed. He noted that this matter was before the Commission at the last meeting and there was significant discussion. The Planning Commission had a resolution before them for denial of the variance request. There are 7 criteria for a hardship case and the Commission discussed them, taking special consideration to the safety aspect. Director Ericson continued stating that given the amount of discussion at last meeting, it is safe to say the 7 criteria can be satisfied. The driveway is in close proximity to the intersection which causes a safety issue. Director Ericson noted the applicants did not cause this; the situation predates the ownership of the home. He explained that at the last meeting, the Planning Commission felt that granting a variance would not grant a special privilege. Based on the discussion and testimony at the last meeting, Staff has drafted Resolution 661-01. Director Ericson noted there are stipulations, including: the applicants must apply for a permit, and they have. Permanent surface material must be used within 3 months of approval. He indicated that the applicants may not be able to find an asphalt contractor in 3 months, in which case an extension could be applied for. He further explained that a new driveway shall comply with all zoning and setback requirements and shall be 50 feet from the corner of the lot. The width cannot exceed the maximum of 24 feet. Chair Stevenson questioned why a contractor would take on the job of adding a second driveway when the City Code does not allow it. He made the point that perhaps there are contractors that are not aware of the City Code. Director Ericson suggested there may be contractors that do not know the City Code. He added that some may know the city’s codes but decide to take their chances. Chair Stevenson inquired whether those licensees are allowed to work in the city when they do not adhere to the city code. Director Ericson stated that issue is taken into consideration when their license is renewed. MOTION/SECOND: Johnson/Hegland. To Approve Resolution 661-01, a resolution approving a request for a variance to allow a second curb cut at 8081 Red Oak Drive. Ayes – 4 Nays – 2 (Stevenson, Zwirn) Motion carried.