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Item 05B Page 8 of 10 MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1103-19 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION REVIEWING THE APPROVAL OF AN ADMINISTRATIVE VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 5’ TO 3’ FOR A DRIVEWAY ON PROPERTY LOCATED AT 8405 RED OAK DRIVE WHEREAS, the applicant, Tim Rodgers, is requesting an Administrative Variance to reduce the side yard setback from 5’ to 3’ for a driveway on property located at 8405 Red Oak Drive, legally described as: PID: 06-30-23-12-0034 SUBJ TO RD & ESMTS & EX E 264 FT; THE N 81 FT OF S 2511 FT OF E 528 FT OF W 1056 FT OF NE 1/4 OF SEC 6 TN 30 RN 23 WHEREAS, the property is zoned R-1 Single Family Residential, and guided Single- Family Detached in the Comprehensive Plan (2008); and, WHEREAS, the Mounds View City Code, Section 1104.01, Subdivision 4(b)(1) states; “Driveways shall have a minimum setback of five feet (5’) from any lot line”…; and, WHEREAS, The Mounds View City Code, Section 1125.02, Subdivision 6 allows property owners to request an Administrative Variance, provided that the property is zoned R-1 or R-2, and either of the following is applicable: 1. The request concerns setbacks; the variance amount is within twenty-five percent (25%) of code requirements; and approval of the variance does not result in a setback of less than five feet (5’); 2. The request is related to a pre-existing, non-conforming driveway or curb cut. WHEREAS, the property is zoned R-1, and the request is related to a pre-existing, non- conforming driveway. The applicant replaced a pre-existing dirt driveway that was non- conforming because of its encroachment into the side yard setback, and because of its unimproved material; and, WHEREAS, the Community Development Director reviewed the request, comparing it to the criteria for granting of a Variance, and provided notice of Preliminary Approval to adjacent property owners; and,