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Resolution 1106-19 Page 2 of 3 c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Finding: The proposed 3' driveway setback is reasonable, and will match the setback of the existing driveway apron. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. Finding: The pre-existing dirt driveway serviced the house, built in 1941. The driveway was located adjacent to the north side yard property line. In 2009, the City installed a concrete driveway apron, with a 3' side yard setback with the intent of matching the existing (2009) driveway opening while complying with City Code requirements as much as practical. The Unique circumstance is the location of the pre-existing driveway (1941), and the 3' setback of the pre-existing (2009) driveway apron. It is reasonable for the driveway setback to match that of the driveway apron setback. e. The variance does not alter the essential character of the neighborhood. Finding: The Variance does not alter the essential character of the neighborhood. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Finding: The Variance request is the minimum variance, alleviating the practical difficulties. g. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning and Zoning Commission acting as the Board of Adjustment, based upon the above Findings, the staff report, and in consideration of public testimony, Approves of the Variance request to reduce the side yard setback from 5' to 3', with the following conditions: The property owner shall remove that portion of the driveway (near the garage) which encroaches less than 3' from the side yard property line, within 60 days (November 4, 2019). 2. The property owner shall remove that portion of the retaining wall within the Red Oak Drive Right -of -Way within 60 days (November 4, 2019). The applicant shall obtain a Zoning Permit if to expand the driveway, within one-year of the date of approval of this Variance, or this variance shall become void, in compliance with Mounds View Municipal Code, Section 1125.02, Subd 5 (Lapse of Variance or Appeal).