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Item No: 5A Meeting Date: September 21, 2011 Type of Business: Public Hearing City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Variance to allow a Second Curb Cut and Driveway at 6939 Pleasant View Drive; Planning Case VR11-007 Introduction: The applicant, Lois Lestina, property owner of 6939 Pleasant View Drive, is requesting a variance to allow a second curb cut and driveway to remain on her property. The City Code allows one curb cut on each R-1, Single Family Residential zoned property without a variance. Discussion: The house at 6939 Pleasant View Drive was built in 1940, and Lois Lestina has lived here for over 35 years. The property is 100 feet wide and 450 feet deep, but the rear half of the property is mostly wetland and not easily accessible due to a steep hill. The house was built about fifteen feet from the south property line, and originally had a small garage behind the house that was likely built on the south property line. The original driveway is very close to the south property line so that it could run next to the house and access the garage in the rear yard. In 1993, the Lestinas removed the old garage, and built a new two-car garage on the other side of the house, ten feet from the north property line and 26-feet away from the house. They also installed a second gravel driveway leading to the new garage. As with many of the roads in Mounds View, the street had no curbs, so residents could easily move or add curb cuts and driveways. The Lestinas continued to use both driveways until 2010 when Pleasant View Drive was reconstructed and curbs were added. Early in 2010, the Public Works Department mailed property owner, Lois Lestina, a letter, stating that her property had two driveways and that she must contact the City if she wants to keep the second curb cut. Ms. Lestina did not contact the City before the street was reconstructed, and as a result, only one curb cut was installed on the driveway that leads to the garage and she lost access to the south driveway. Ms. Lestina has applied for a variance because she wants to be able to use the south driveway again. That driveway leads right up to the house, and she has physical limitations that make it difficult for her to get around, particularly in the winter. The north driveway does not come nearly as close to the house and is not as convenient. The Zoning Code states that “single-family uses shall be limited to one curb cut access per property unless, upon application for a variance of this restriction, the Planning Commission finds that it is in the interest of public safety to waive such” (Chapter 1121.09 Subd. 5e). City Staff has informed Ms. Lestina that if the Planning Commission were to approve a variance for the second curb cut, she would have one-year to install a hard surface driveway and new curb cut that meets the required five-foot setback.