09-19-2007 - Laserfiche WebLink

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Res. 874-07 Page 2 1. Circumstances apply to this property in that the house is located close to the east property line, a driveway was located within two feet of the property line, and the curb cut was placed on the property line, prior to the applicant purchasing the property. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicant’s ability to have a normal one car wide driveway, or a driveway that does not line up correctly with the existing curb cut. 3. The applicant did not cause the placement of the house on the lot, the location of the driveway, or the location of the curb cut, and intends only to improve the substandard dirt surface. 4. Granting this variance would not confer upon the applicant a special privilege in that the house placement, driveway and curb cut locations are pre-existing conditions. 5. The two (2) foot variance is the minimum variance required to alleviate the applicants’ hardship. 6. Granting a variance to allow for a driveway with a two foot 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. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Cory Mathiowetz, 2925 County Road H2, to allow for a driveway with a two-foot setback from the east property line. Adopted this 19th day of September, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ Jim Ericson, Community Development Director (SEAL)