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Mounds View Planning Commission September 20, 2006 Regular Meeting Page 8 ______________________________________________________________________________ Acting Chair Miller stated it is a matter of following the rules. Community Development Director Ericson explained the hardship criteria are out of State statutes and a hardship that would justify a variance from what the code says. He stated the basis to approve the variance must indicate that following the code would create a practical difficulty for the applicant. Director Ericson explained the City must be able to justify the variance. Commissioner Scotch asked Mr. Ford for the width of the driveway. Mr. Ford responded it is 12 feet wide. He also stated the garage is six feet off the property line. Mrs. Ford stated she went to the Mounds View website and looked at City variances and appeals 1125.02 and sub-title 02 about undue hardship and pointed out line two states “or practical difficulties to the property owner in the use of the property owners land.” She stated she felt they would have difficulty in the use of their property if they were required to shorten the width of the driveway by one foot. Mr. Ford displayed pictures of other driveways. Acting Chair stated it was unnecessary to look at the photos. She asked the Commission if this should be tabled. Commissioner Hegland stated the Planning Commission needed to give Staff direction to draft a resolution to grant the variance. Mrs. Ford mentioned to the Commission they have been extremely stressed since they came back from vacation and reading the letter from the City. She stated she could not begin to describe the energy and emotion expended over the issue. She stated they would like it resolved so the stress could go away. She expressed to extend it again when all four Commissioners appear to agree on approval, would continue the stress they have experienced. Acting Chair Miller replied it was not a matter of what the neighbors think, but it has given them pause to consider the comments. She stated there is no resolution to act on tonight and the Commission is asking Staff to write a resolution to vote on it. She told the Fords it would be voted on the first Wednesday of October. Mr. Ford stated Director Ericson told him he would recommend it be approved. Community Development Director Ericson stated they must do their research and when he visited the property, he felt the same way as the Planning Commissioners in that it did not make sense to tear out a foot of asphalt and replace it with gravel. He explained that whatever direction the Planning Commission decided to proceed, it must be sure what is approved could be supported.