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Item No: ___05B Meeting Date: July 10, 2019 Type of Business: Planning Case AV2019-001 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 1104-19, Review of an Administrative Variance to reduce the side yard setback from 5’ to 3’ for a driveway, for property located at 8405 Red Oak Dr (Planning Case AV2019-001). Introduction The Applicant, Tim Rodgers has requested, and the Community Development Director has approved, an Administrative Variance to reduce the side yard setback from 5’ to 3’ for a driveway, subject to no objections from adjacent neighbors, and review by the Planning Commission. Discussion In June 2019, the applicant applied for a Zoning Permit to replace a dirt driveway, original to the house (1941). The request included a 0’ setback to match an existing concrete driveway in front of the garage (installed without a permit). The dirt driveway meandered some, but is generally within 1’ of the property line. The permit was approved, pending compliance with a 5’ side yard setback, and provided options to apply for a Variance for a 0’ setback, or an Administrative Variance for a 3’ setback. In June, the applicant installed the driveway with a 5’ setback, and intends to widen it further, pending approval of this variance. Analysis Driveways shall have a minimum side yard setback of 5’.1 In 2009, as part of the Area A street reconstruction project, the City installed a one-car wide driveway apron with a 3’ side yard setback 2 to match that of the existing dirt driveway. Administrative Variances may be “preliminarily” approved by the Community Development Director, provided that the property is zoned R-1 or R-2, and (1) the variance to a setback is within 25% of the minimum required, and not less than 5’ from a property line; or (2) is related to a pre-existing, non-conforming driveway or curb cut. After an Administrative Variance is preliminarily approved, the City shall notify adjacent property owners at least ten days prior to the Planning Commission’s review of the Administrative Variance (no Public hearing is required). If neighbors or the Planning Commission disagree with the Preliminary Approval, then the request is denied, and the applicant may apply for a “formal” Variance request through the normal public hearing process.3 1 City Code, Section 1104.01, Subd 4(b)1 (Driveways) 2 The applicant provided measurement, based on finding the SW property pin, and measuring where the NW pin should be, adjacent to the driveway (NW pin not found). 3 City Code, Section 1125.02, Subd 6 (Administrative Variance Process)