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. . . ... . WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NO\V, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makcs the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: 1. The property is zoncd R-2, Single and Two Family Residential. 2. The R-2 zoning district allows two separate driveways, each with a curb cut up to 20 feet or the width of the garage, which ever is greater, for two-family dwellings with separated garages. 3. A driveway has been constructed on the property, which increased the curb cut width to 65 feet. 4. The property is regularly shapcd and is neither exceptional nor extraordinary given the number ofpropcrties within the City that are zoned R-2. 5. The literal interprctation of the Code would NOT deprive the applicant of rights commonly enjoyed by other properties in the same district in that the property is not unique compared to other properties in the same zoning district. 6. Granting a variance in this case WOULD confer a special privilege not enjoyed by other propcrty owners in that there does not appear to be a sufficicnt hardship to warrant approval of the variance. 7. Thc variance WOULD be materially detrimental to the purpose of this Title in that there does not appear to be a sufticient hardship to wan-ant approval of the vanance. 8. The hardship criteria as identified in Section 1125.02 have NOT been satistied. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the hardship criteria, testimony presented at the public hearing and the identified findings of fact, does hereby deny the variance request to allow a driveway to exceed the maximum curb cut width on the prope11y located at 7566/7568 Silver Lake Road. 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 oft~~.~ption of this Resolution. Adopted this 1st day of September, 2004. /(Z~.~ C2 //,~(:':::~::::~::.' -" ~?C~~. <./ ,0" ~, Gary Stevens , Chairper~on ~ Attest J ,.^ 9n"A/" '- OJ\.'----"-^-.) G\~~\::llL- J ames Ericson, Community Dcvelopmcnt Director ( Seal)