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