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Mounds View Planning Commission July 19, 2023 <br />Regular Meeting Page 2 <br />________________________________________________________________________ <br /> <br />5. Planning Cases <br /> <br />A. PUBLIC HEARING: Resolution 1162-23, Approval of a Variance to reduce <br />the side yard driveway setback from 5’ to 0’ at 7830 Spring Lake Road <br /> <br />Community Development Director Sevald stated the applicant, Dan Dreier, is requesting a <br />Variance to reduce the side yard setback from 5’ to 0’ to construct a second driveway. The intent <br />of reducing the setback is to preserve a mature oak tree. Spring Lake Road south of Mounds <br />View Boulevard, is being reconstructed in 2023. Nonconforming driveway curb cuts will be <br />reconstructed to be conforming to City Code setback and width requirements as much as <br />practical, unless the City Council grants a Variance (one of the rare occasions where variances <br />are not heard by the Planning Commission). On June 12, 2023, the City Council approved <br />several Variances. Currently, 7830 Spring Lake Road has a legal-conforming driveway, and a <br />non-conforming gravel parking area within the right-of-way (ROW). There is no on-street <br />parking. As part of the street reconstruction, a trail will be installed within the ROW, thereby <br />displacing the gravel parking area. After reconstruction, there will continue to be no on-street <br />parking. <br /> <br />Community Development Director Sevald reported the applicant requested a Variance for a <br />second curb cut to replace the parking area, and the City Council approved on June 12th. The <br />second curb cut was planned to be located between two trees. At that time (June 12th), neither <br />the applicant nor City staff realized the planned driveway would encroach into the neighboring <br />property; 7785 Spring Lake Road, which has property on both sides of the road (house is on the <br />opposite side). Staff met with the Dreir’s on July 6th to discuss. If complying with the 5’ setback, <br />then there is inadequate width between the setback and an oak tree to park a vehicle. Either the <br />tree would need to be removed, or a Variance obtained to reduce the setback. In favor of keeping <br />the tree, it is more practical to reduce the side yard setback from 5’ to 0’. A 0’ setback will <br />accommodate a 12’ wide curb cut. The new driveway may still impact the tree root zone. Staff <br />recommended the Planning Commission hold a public hearing and approve the Variance as <br />requested. <br /> <br />Commissioner Stevenson stated the main concern was with the location of the mature tree. He <br />requested staff point out the location of the tree. Community Development Director Sevald <br />reviewed the location of the mature tree. <br /> <br />Commissioner Stevenson indicated he has voted against second driveway request over the years. <br />However, he believed this request was unique and he could support the variance. <br /> <br />Chair Rundle agreed noting this was a unique property. <br /> <br />Commissioner Nelson explained the City does not typically approve second curb cuts. <br />Community Development Director Sevald reported the Planning Commission has approved <br />second curb cuts for properties on busy roadways. He stated with this request, the Council has <br />already granted a second curb cut and the Planning Commission was being asked to consider the <br />location.