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Item 05A <br />Page 2 of 5 <br /> <br />The Mounds View Vision <br />A Thriving Desirable Community <br />The applicant requested a Variance for a second curb cut to replace the parking area, and the <br />City Council approved on June 12th. The second curb cut was planned to be located between <br />two trees. At that time (June 12th), neither the applicant nor City Staff realized the planned <br />driveway would encroach into the neighboring property; 7785 Spring Lake Road, which has <br />property on both sides of the road (house is on the opposite side). <br /> <br /> Approximate property lines (red), and planned 12’ driveway curb cut (yellow arrow). At the time the City Council approved a <br />second curb cut, it was not realized that the planned location encroached into the neighboring yard (photo April 18, 2023). <br /> <br /> Yellow arrow is approximate proposed driveway location. <br />Staff met with the Dreir’s on July 6th to discuss. If complying with the 5’ setback, then there is <br />inadequate width between the setback and an oak tree to park a vehicle. Either the tree would <br />need to be removed, or a Variance obtained to reduce the setback. In favor of keeping the tree, <br />it is more practical to reduce the side yard setback from 5’ to 0’. A 0’ setback will accommodate <br />a 12’ wide curb cut. The new driveway may still impact the tree root zone. <br /> <br /> <br />Analysis: <br />City Code §160.466 includes the criteria for granting Variances, which is detailed in the <br />Resolution. In summary, the property must have unique circumstances which do not apply to