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Mounds View Planning Commission October 20, 2021 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Cases A. PUBLIC HEARING: Resolution 1139-21, Variance to reduce the side yard setback for a Driveway at 5045 Red Oak Drive Community Development Director Sevald stated the applicant replaced the driveway and extensive landscaping in September 2021, such that the driveway has a 0’ side yard setback, whereas a minimum of 5’ is required. Mr. Firkus applied for, and received a Zoning Permit after-the-fact, pending approval of a Variance, or removal of the 5’ side yard encroachment. The new driveway is two cars wide, whereas the previous driveway was one car wide. The new driveway is similar to others on the west side of the block. There are seven homes (all identical) with driveways onto Red Oak Drive. Of these seven, six have driveways with a 0’ setback (including the applicant’s). All of these homes were built in 1956 with a single tuck under garage. In researching driveway permit histories for each of these homes, one record was found. In 2015, the City issued a permit for 5079 Red Oak Drive, allowing the existing driveway to be replaced as-is with a 0’ side yard setback. Non-conforming uses may be continued, repaired, and replaced, but cannot be expanded without a Variance. The situation with 5045 Red Oak is different from the others, because they all have been non-conforming for many years and allowed to continue, whereas the applicant’s driveway was conforming up until now, and cannot be expanded without a Variance. Community Development Director Sevald explained in addition to the landscaping installed, a shed was installed with a 1’ side yard setback. The applicant has been advised that approval of a Variance for the shed would be unlikely, and has agreed to move the shed to be in compliance. It was noted staff recommends approval. It is reasonable for single-family homes to have a two-car wide driveway. This home and others on the west side of the street were constructed in 1956 with a one-car wide driveway. Since this time, the other homes (except the applicant’s) have expanded their driveways with a 0’ setback. It is reasonable for the applicant to do the same. Changes in topography makes it impractical to expand towards the interior of the property. Staff recommended the Planning Commission hold a public hearing and approve the variance as requested. Chair Rundle opened the public hearing at 7:05 p.m. There being no comments from the public, Chair Rundle closed the public hearing at 7:05 p.m. Commissioner Nelson explained the applicant was bringing his property into conformance with the neighboring properties. He expressed concern with the fact the applicant was asking for approval after already completing the work on his property. Steve Firkus, 5045 Red Oak Drive, indicated this was all new territory for him. He reported once the City contacted him and told him what to do, he applied for a permit because this would bring consistency and safety to this property. He stated he was not aware he would need a variance, but has since been working with staff through this process.