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MOUNDS VIEW Item No: 05A Meeting Date: June 19J019 Type of Business: Planning Case VR2019-002 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 1101-19, Approval of a Variance to reduce the side yard setback for a Driveway for property located at 2296 Terrace Drive (Planning Case VR2019-002) Introduction Ron O'Connell is proposing to replace his driveway, widening it to an existing retaining wall. The backside of the wall is located on or near the property line (there is no survey). The driveway would be set back about 1', whereas a minimum 5' is required. Discussion The existing driveway is asphalt, with gravel or dirt in between the driveway and retaining wall, and used for parking. The house was built in 1952, detached garage in 1956, and current driveway in 1980. In 1980, the applicant replaced the driveway (was non -conforming, due to 2' setback), and applied for an after -the -fact Variance for a 2' setback (Denied, due to lack of Hardship)'. Upon appeal, the City Council discontinued action on the Variance', under the belief that the previous driveway had been constructed prior to a setback being required, and pending agreement of the City Attorney, The City Attorney disagreed with the Council's dismissal'. It's not known if there was any Council action after this. Since 2010, the Planning Commission has considered the following similar Variance requests for residential properties: Case # AV -2008-01 Address 5415 Jackson Dr Allow 1' side yard driveway setback Approved AV2008-002 5053 Brighton Ln Allow 2' side yard driveway setback Approved VR2011-001 5330/5332 Raymond Ave Allow 1' side yard driveway setback Approved VR2011-002 5338/5340 Raymond Ave Allow 1' side yard driveway setback Approved VR2011-003 5344/5346 Raymond Ave Allow 1' side yard driveway setback Approved VR2011-004 5374 Raymond Ave Allow 1' side yard driveway setback Approved VR2011-005 5380/5382 Raymond Ave Allow T side yard driveway setback Approved VR2012-002 5045 Eastwood Rd Allow 0' side yard driveway setback Approved VR2012-003 5046 Rainbow Ln Allow 0' side yard driveway setback Approved VR2012-005 8155 Red Oak Dr Allow 3' side yard driveway setback Approved 1 Planning Commission minutes, July 2, 1980 Z City Council minutes, November 16, 1981 3 Memo from Richard Meyers, City Attorney, October 14, 1980