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Mounds View Planning Commission September 4, 2019 Regular Meeting Page 2 5. Planning Cases A. Public Hearing: Resolution 1106-19, Consideration of a Variance to Reduce the Side Yard Setback from 5' to 3' for a Driveway, for property located at 8405 Red Oak Drive (Planning Case VR2019-004) Community Development Director Sevald stated 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 to match that of the existing dirt driveway original to the house (1941). In June 2019, the applicant applied for a Zoning Permit to replace the dirt driveway. The request included a 0' setback to match an existing concrete driveway (parking pad) in front of the garage (installed without a permit by the previous owner). The dirt driveway meandered some, but was generally within 1' of the property line. The permit was approved, pending compliance with a 5' setback, and provided options to apply for a Variance for a 0' setback; or an Administrative Variance for a 3' setback. Community Development Director Sevald reported in June, the applicant installed the driveway with a 5' setback at the front, and a 3' setback at the parking pad, and applied for an Administrative Variance. The Administrative Variance was preliminarily approved by the Community Development Director, conditioned upon no objections from adjacent property owners, and upon final review by the Planning Commission. The Commission considered the case at its July 10, 2019 meeting, voting 4-1 to approve the review of the Administrative Variance. Because a super majority is required (5 of 7 Commissioners), the Motion failed, and the Administrative Variance was Denied. Upon denial, the Applicant had the option to apply for a regular Variance, and has done so. Staff recommended the Planning Commission hold a public hearing and approve a Variance to reduce the side yard from 5' to 3'. Tim Rogers, 8405 Red Oak Drive, introduced himself to the Commission. He provided a brief explanation of his request noting he would like to receive a two -foot variance to the five-foot side yard setback. He stated this request was being made in order to allow him to drive around a very large oak tree. Commissioner Monn asked if the variance was towards the fence. Mr. Rogers reported the variance would be towards the garage. He noted he would be having his property surveyed. Chair Stevenson requested further information on the retaining wall removal. Community Development Director Sevald explained the City does not allow structures within the public right-of-way, except for mailboxes. For this reason, the retaining wall would have to be removed. Mr. Rogers expressed frustration with the fact he was being required to remove this retaining wall when he had a great deal of neighbors that had structures in the right-of-way. Commissioner Farmer questioned how the apron fit onto the applicant's property. Community Development Director Sevald stated the concrete apron was installed by the City in the late 1990's. The City tried to match the dirt driveway as best it could while still aligning with the