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Melsaether Variance Report September 1, 2004 Page 10 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 771-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE FOR A SIXTY-FIVE (65) FOOT CURB CUT WIDTH; PLANNING CASE NO. VR2004-008 WHEREAS, Phyllis Melsaether has applied for a variance from the maximum curb cut width requirement to allow a previously constructed driveway addition to remain on the property located at 7566/7568 Silver Lake Road; and, WHEREAS, the subject parcel is legally described as follows: DAILEY KNOLLS SUBJECT TO EASEMENT, LOT 1, BLOCK 1 WHEREAS, the parcel is zoned R-2, Single and Two Family Residential; and, WHEREAS, the R-2 zoning district allows two separate driveways with a curb cut of twenty (20) feet wide each for two family dwellings with separated garages; and, WHEREAS, a driveway has been constructed without a permit that increased the curb cut width to 65 feet; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Application 2. Zoning Map 3. Location Map 4. Sketch of Driveway 5. Photographic Documentation 6. Staff Report WHEREAS, the Planning Commission held a public hearing regarding this request on September 1, 2004; and, WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code.