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MOUNDS VIEW PLANNING COMMISSION <br />RESOLUTION 1139-21 <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />RESOLULTION APPROVING A VARIANCE TO DECREASE THE SIDE YARD <br />SETBACK FROM 5' TO 09, FOR A DRIVEWAY ON PROPERTY LOCATED AT 5045 <br />RED OAK DRIVE (PLANNING CASE VR2021-002 <br />WHEREAS, the applicant, Steve Firkus, has applied for a Variance to decrease the <br />driveway side yard setback from 5, to 0', on property located at 5045 Red Oak Drive, legally <br />described as: <br />P ID : 07 - 3 0-2 3 -43 -0062 <br />Lot 8 Block 7 of TWELVE OAKS 2ND ADDITION <br />WHEREAS, the Mounds View Municipal Code 160.055(D)(2)(a)(2) requires a side yard <br />setback of 5' for driveways, except the minimum setback shall be 30' from any lot line abutting a <br />public street; and, <br />WHEREAS, in September, 2021, the applicant replaced and expanded their driveway <br />such that there is a 0' side yard setback, in violation of the City Code. The applicant is <br />requesting approval of a Variance to allow the driveway to stay as -is; and, <br />WHEREAS, the Mounds View Planning Commission held a duly noticed Public <br />Hearing on October 20, 2021. A notice was published in the September 28, 2021 edition of the <br />Shoreview Press, and mailed to property owners within 350' of the subject property; and, <br />WHEREAS, the Planning Commission, acting as the Board of Adjustment and Appeals, <br />may provide relief to the landowner in those cases where the code imposes practical difficulties <br />to the property owner in the use of a property owner's land. Practical difficulties include, but are <br />not limited to, inadequate access to direct sunlight for solar energy systems. No variances shall <br />be granted that would allow any use that is not allowed in the zoning district in which the subject <br />property is located. A variance may be granted only in the event that all of the following <br />circumstances exist [Findings in italics]: <br />1. The variance is in harmony with the general purposes and intent of the Mounds View <br />Municipal Code; <br />