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<br />. <br /> <br />. <br /> <br />. <br /> <br />Planning Commission Resolution 482-96 <br />October 2, 1996 <br />Page 2 <br /> <br />WHEREAS, this variance request fails to meet the following criteria for granting a variance as <br />stated in Section 1125.02 of the Zoning Code. <br /> <br />1. There are no exceptional or extraordinary circumstances which apply to this property <br />which do not apply generally to other properties in the vicinity in that all of the <br />properties fronting on Spring Lake Road in this area have the same parking restrictions; <br />and, <br /> <br />2. The granting of the variance would confer on the applicant a special privilege in that he <br />would be allowed to build a parking area within one foot of the side property line <br />without the consent of the neighboring property owner. The requirement for <br />permission was included when the allowance for such parking areas was added to the <br />Zoning Code, and is a key provision which recognizes the possible impact on <br />neighboring properties and protects the public welfare. <br /> <br />3. Other alternatives are available to the applicant for providing additional guest parking <br />on his property without needing a variance. There are 11 feet 6 inches between the <br />existing driveway and the side lot line, allowing for six feet of parking area to be added <br />to the driveway within the required five foot setback. The applicant could also add to <br />the north side of the driveway. The variance requested is not the minimum needed. <br /> <br />4. <br /> <br />The variance will be materially detrimental to the purpose of the Zoning Code and to <br />other property in the same zone in that the Code provisions specifically and <br />intentionally requires permission from the adjacent property owner, and such <br />permission has not been given. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission does <br />hereby deny the variance request for a concrete parking area within one foot of a side property line at <br />7755 Spring Lake Road. <br /> <br />Adopted this 2nd day of October, 1996. <br /> <br />xxxxxxxxxxxxxxx <br />J eny Peterson, Chairman <br /> <br />ATIEST <br /> <br />xxxxxxxxxxxxxxx <br />Pamela Sheldon, <br />Community Development Director <br /> <br />(SEAL) <br />