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Mounds View Planning Commission September 20, 2006 Regular Meeting Page 2 ______________________________________________________________________________ Ayes – 4 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Scotch /Commissioner Hegland, to approve the Minutes of the July 19, 2006 regular Planning Commission meeting with corrections. Ayes – 4 Nays – 0 Motion carried. 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. VR2006-008: Consideration of a Variance for a Driveway Setback; Applicant: Mitch & Alison Ford; location 8378 Groveland Road. Planning Associate Heller presented a consideration for a driveway setback variance from Mitch and Alison Ford, 8378 Groveland Road. Planning Associate Heller reported the applicants built a new garage in 2003 and the driveway to the garage in the spring of 2004. She stated the driveway was constructed without a permit, however, at that time the City code had been amended to allow a setback of up to one foot with a letter from the neighbor stating their approval, which the Fords did receive. The driveway was installed in the spring of 2004, with no setback from the property line. Planning Associate Heller stated the code was again amended in September 2004 to the current five-foot setback requirement. Planning Associate Heller mentioned Staff received a call concerning the Ford’s driveway and went to the property to investigate. She stated the Fords were instructed to bring the driveway into compliance or apply for a variance. Planning Associate Heller mentioned, as with any variance application, for the Planning Commission to act favorably, there must be a demonstrated hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to the property owner. She explained the Code clearly states a hardship exists when all seven criteria are met. Planning Associate Heller stated there are no extraordinary circumstances, which apply to this property. She explained the house is 12 feet from the north property line, which does limit the amount of room to fit a vehicle past the house. She stated by following the one-foot setback, an eleven-foot wide driveway should be wide enough for most vehicles to get by next to the house. Planning Associate Heller stated the literal interpretation would not deprive the applicant of rights commonly enjoyed by others in the district. She indicated the applicants are responsible for the condition resulting in the required application for a permit. Planning Associate Heller