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MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1139-21 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLULTION APPROVING A VARIANCE TO DECREASE THE SIDE YARD SETBACK FROM 5' TO 0', FOR A DRIVEWAY ON PROPERTY LOCATED AT 5045 RED OAK DRIVE (PLANNING CASE VR2021-002 WHEREAS, the applicant, Steve Firkus, has applied for a Variance to decrease the driveway side yard setback from 5, to 0', on property located at 5045 Red Oak Drive, legally described as: PM: 07-30-23-43-0062 Lot 8 Block 7 of TWELVE OAKS 2ND ADDITION WHEREAS, the Mounds View Municipal Code 160.055(D)(2)(a)(2) requires a side yard setback of 5' for driveways, except the minimum setback shall be 30' from any lot line abutting a public street; and, WHEREAS, in September, 2021, the applicant replaced and expanded their driveway such that there is a 0' side yard setback, in violation of the City Code. The applicant is requesting approval of a Variance to allow the driveway to stay as -is; and, WHEREAS, the Mounds View Planning Commission held a duly noticed Public Hearing on October 20, 2021. A notice was published in the September 28, 2021 edition of the Shoreview Press, and mailed to property owners within 350' of the subject property; and, WHEREAS, the Planning Commission, acting as the Board of Adjustment and Appeals, may provide relief to the landowner in those cases where the code imposes practical difficulties to the property owner in the use of a property owner's land. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. No variances shall be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. A variance may be granted only in the event that all of the following circumstances exist [Findings in italics]: 1. The variance is in harmony with the general purposes and intent of the Mounds View Municipal Code;