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Item No: 5A Meeting Date: September 20, 2006 Type of Business: Public Hearing City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate the Property Line at troduction: Mitch & Alison Ford, are requesting a variance to permit a driveway with no etback from the property line. The driveway was constructed in the spring of 2004 without a rly 2004 in order to expand e driveway to the new garage in the rear yard. From 2000 to September of 2004, the City iance application, for the Planning Commission to act favorably, there must be demonstrated hardship or practical difficulty associated with the property that makes a ly to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or There are no extraordinary circumstances which apply to this property. The house Item Title/Subject: Consideration of a Variance Request to allow for a Driveway with no setback from 8378 Groveland Road; Planning Case VR2006-008 In The applicants, s permit, after a new detached garage was built behind the house. Staff became aware of the driveway with no setback recently after receiving a complaint. The Ford’s were sent a letter on July 25, 2006, indicating that a permit had not been obtained for the driveway construction and that the driveway was in violation of City Code setback requirements. The options given to them were to either cut back the driveway to bring it into compliance or apply for a variance, along with applying for a zoning permit for the driveway construction. Attached to that letter were planning and zoning applications. The Fords met with staff and said the driveway was installed in ea th Code had allowed driveways to be set back one foot from property lines, if the owner received a letter of agreement from the immediate neighbor. The Ford’s did get a letter from their neighbor, Eric Severson, dated August 2003, but incorrectly installed the driveway with no setback rather than the allowed one foot setback. The Fords decided to apply for a variance on August 18, 2006 since the driveway is already constructed and has been in place for over two years. They have also now received a permit, after the fact, for the driveway construction. Discussion: As with any var a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. A written statement was included with the application. The individual criteria, with responses, are as follows: a. Exceptional or extraordinary circumstances app shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control.