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Mounds View Planning Commission September 20, 2006 Regular Meeting Page 3 ______________________________________________________________________________ stated if the Fords had applied for a permit, they would have been told they could not have a zero setback. She informed the Commission that granting the variance would confer special privilege in that other property owners are not allowed to build within the required setbacks. Planning Associate Heller indicated since the driveway is already in place, the variance requested is the minimum that would be necessary. Planning Associate Heller stated, given the circumstances, granting the variance may not be materially detrimental to the purpose of this title, however, granting the variance could send a message to residents that it is acceptable to ignore zoning codes by seeking approval through the variance process after the fact. Planning Associate Heller reported the driveway would not impair an adequate supply of light or air to the adjoining property. Commissioner Hegland asked if it was an asphalt driveway. Planning Associate Heller replied it was. Acting Chair Miller opened the Public Hearing at 7:08 p.m. Mitch and Alison Ford, 8378 Groveland Road approached the podium and addressed the Commission. Mr. Ford stated they have had a gravel drive along the house up to the property line for many years. He stated when they applied for the building permit for the garage, they indicated they planned to build a garage and a driveway. The Fords presented a copy of the building application for the Commission’s review. Mr. Ford stated he uses the new garage for his hobby of rebuilding vehicles and needed the driveway to drive large vehicles to the back of the property and parking in the garage. Mr. Ford reported somewhere an error was made and pointed out to the Commission they have now received their driveway permit. Mrs. Ford addressed each of the seven criteria. On criteria number one, Mrs. Ford stated their lot dimensions are typical relative to other properties in the area. She mentioned they had land available to build a detached garage in the back yard. On criteria number two, Mrs. Ford stated when they applied for a permit to build the garage and driveway they were asked if they would be driving through the existing garage to get to the new one. She stated they replied they would construct a driveway on the north side of the house to the new garage. She reported no mention was made about a required permit or variance; only a permission letter from the neighbors to the north would be required. Mrs. Ford referred to criteria number three, stating since receiving the letter from the City of Mounds View indicating they needed to apply for a permit or variance, they have noticed many driveways throughout the City paved up to the property line. Mr. Ford presented a group of pictures of other driveways in the area. Mrs. Ford continued by stating a building has been in the back of the property since before the house was built by the Ford family in 1968 with a gravel driveway to access the building. Mrs. Ford stated they worked with the City since the beginning of the garage project, with Staff making notations and recommendations on their drawings on August 18, 2003. She stated they had, in good faith, gone forward with their plans.