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Res. 851-06 ('age 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient hardship with regard to the property located at 8378 Groveland Road, and makes the following findings of fact related to its decision: 1. Circumstances apply to this property in that a gravel driveway in the same location was already in place prior to the applicant purchasing the property. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicants' ability to access the additional parking/storage space on their property. 3. The applicants did not cause the original creation of this driveway extension, and intended only to improve the deteriorating original gravel surface. 4. Granting this variance would not confer upon the applicants a special privilege in that the driveway was a pre-existing condition. 5. The one (1) foot variance is the minimum variance required to alleviate the applicants' hardship. 6. Granting a variance to allow for a driveway with no setback would not be detrimental to the purpose of the Zoning Code in that the driveway is a pre- existing condition and is causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. 8. The City shall be held harmless from any potential liability or litigation resulting form the installation of the subject driveway and the approval of the requested variance shall in no way be construed as an endorsement of zero-foot setbacks in general. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Mitch & Alison Ford, 8378 Groveland Road, to allow for a driveway with a zero-foot setback from the property line. Adopted this 4th day of October, 2006. � '`�� G�'^x'"� Gary Steuenson, Chairperson ATTEST: � J �, ° ' _ l��" W.I�U� Jim Ericson, Community Development Director (SEAL)