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MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1162-23 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 5-FEET TO 0-FEET FOR A DRIVEWAY, LOCATED AT 7830 SPRING LAKE ROAD WHEREAS, the applicant, Daniel Dreier, is requesting approval of a Variance to reduce the side yard setback from 5' to 0' to construct a second driveway on property located at 7830 Spring Lake Road, legally described as: PID:06-30-23-33-0006 AUDITOR'S SUBDIVISION NO. 89 EX N 466 FT THE E 137 FT OF LOT 23 WHEREAS, there is no parking permitted on Spring Lake Road in front of the subject property, At some point in time, a gravel parking area was established alongside the paved road, and within the road right-of-way. As part of the 2022/2023 Area K Street Improvement Project, Spring Lake Road is being reconstructed, and a trail will be constructed along the west side of Spring Lake Road, thereby displacing the gravel parking area in front of the subject property; and, WHEREAS, Mounds View City Code §160.338(E)(7) states; In conjunction with street improvement projects or in conjunction with individual driveway replacement projects, non -conforming curb cuts shall be made conforming to whatever extent practicable. If, in the opinion of the Directors of Public Works/Parks and Recreation and Community Development, a non -conforming curb cut cannot be made conforming without undue hardship or disruption to the property, the curb cut may remain in existence, unchanged. Decisions regarding curb cuts may be appealed in writing to the City Council. WHEREAS, the Directors of Public Works/Parks and Recreation and Community Development determined that the gravel parking area is a non -conforming second curb cut, to be removed and not replaced. The applicant appealed, and applied for a Variance to keep a second curb -cut. The City Council approved a Variance for a 12' wide second curb -cut (Resolution 9757); and, WHEREAS, the applicant proposes that the second curb cut be placed south of an existing oak tree, and north of the common property corner of 7830 and 7785 Spring Lake Road, as illustrated on the applicant's Variance application. The exact location of the property corner is unknown without the benefit of a survey, but is approximately 15' +/- from the oak tree; and, WHEREAS, Mounds View City Code §160.055(D)(2)(a) requires driveways to have a minimum setback of 5'. If complying with this setback, there is not enough space between the setback and the tree to accommodate a 12' wide driveway; and, WHEREAS, the applicant has requested a Variance to reduce the side yard driveway setback, from 5' to 0', to accommodate a 12' wide driveway; and,