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Resolution 948-11 Page 2 1. The only exceptional circumstances that apply to this property is that the house and original driveway were placed at the far south side of the property in 1940. The property is otherwise unexceptional with no special conditions or limitations to its use. 2. Section 1121.09 Subdivision 5e of the Zoning Code states that single-family lots shall be limited to one curb cut per property unless it is in the interest of public safety to waive such. There are no public safety issues with this property that would cause the owner to need two curb cuts. 3. The applicant had no control over the placement of the house and original garage and driveway, but has since built the existing garage and north driveway. The 26- foot distance between the house and north driveway is the result of the applicant. 4. Granting this variance would confer upon the applicant a special privilege not typically enjoyed by others in the same zoning district. 5. Granting a variance for a second curb cut would be detrimental to the purpose of the Title as there appears to be little or no hardship associated with the request. The applicant could easily expand the north driveway to bring it closer to the house. 6. Granting the variance would be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining properties. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, denies the variance request of Lois Lestina, property owner of 6939 Pleasant View Drive, to allow a second curb cut and driveway to remain on the south side of the property. Adopted this 21st day of September, 2011. _________________________________ Gary Stevenson, Chair ATTEST: __________________________________ James Ericson, City Administrator (SEAL)