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Item No: 05A Meeting Date: Oct 20, 2021 Type of Business: Planning Case Planning Case: VR2021-002 City of Mounds View Staff Report To: Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 1139-21, Variance to reduce the side yard setback for a Driveway, at 5045 Red Oak Drive Introduction: The applicant, Steve Firkus, 5045 Red Oak Drive (property owner), requests approval of a Variance to reduce the side yard setback for a Driveway, from 5' to 0'. Discussion: 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.2 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. 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. Analysis: The Planning Commission, acting as the Board of Adjustment, may approve Variances to provide relief to the landowner in those cases where the code imposes practical difficulties to the property owner in the use of property owner's land.... A variance may be granted only in the event that all of the following circumstances exist:3 (1) The variance is in harmony with the general purposes and intent of this chapter; (2) The variance is consistent with the Comprehensive Plan; (3) The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; (4) 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 Mounds View Municipal Code 160.055(D)(2)(a) (Driveways) 2 MN Statute 462.357, Subd 1(e) (Nonconformities) 3 Mounds View Municipal Code § 160.466 (Criteria for Granting Variances)