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Item No: 5A Meeting Date: Sept 21, 2016 M 0 tSVI EW Type of Business: Planning Case VR2016-04 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Planner Item Title/Subject: Continued Public Hearing: Consider Resolution 1055-16, a resolution approving/denying a Variance for a 30' front yard setback at 7790 Eastwood Rd; Planning Case VR2016-04 Introduction The applicant (Value Homes, LLC) is requesting a Variance to reduce the front yard setback from 54' to 30' to construct a single-family home at 7790 Eastwood Rd. The minimum front yard setback in the R-1 district is 30' unless homes on the same side of the street have a greater setback (54' in this case). The request is due to the hardship of a private drainage easement reducing the developable area of the lot. The Planning Commission conducted a Public Hearing on September 7, 2016, but a quorum (2/3's, or 5 of 7 members) was not present to approve a Variance. The Public Hearing was tabled. Discussion The property at 7800 Eastwood Rd was subdivided into two lots in March, 2016. The north lot includes an existing home, and the south lot is the subject property (7790 Eastwood Rd). After the subdivision was approved, the developer conducted a Title Search, which revealed two private easements: (1) a 10' wide sidewalk easement in the SE corner of the lot; and (2) a 30' wide surface drainage & storm water easement along the south property line. The two easements are for the adjacent property, Silver Lake Commons apartments. As part of Silver Lake Common's Development Review in 1997, the City required the apartment owner to obtain a drainage easement from 7800 Eastwood Rd. At that time, there was concern that expansion of the apartments would negatively affect the natural drainage flow from properties north of the apartments (1940 aerial photo suggests a drainage ditch flowed through these properties). An easement was obtained, but a storm water retention pond was never constructed within the easement, nor was a sidewalk.