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MOUNDS VIE\V PLANNIl\'G COMMISSION
RESOLUTION NO. 771-04
CITY OF MOUNDS VIE\V
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A VARIANCE FOR A SIXTY-FIVE (65) FOOT CURB CUT
\VIDTH; PLANNING CASE NO. VR2004-008
WHEREAS, Phyllis Melsaether has applied for a variance from the maximum curb cut
width requirement to allow a previously constructed driveway addition to remain on the property
located at 7566/7568 Silver Lake Road; and,
\VHEREAS, the subject parcel is legally described as follows:
D..tlJ.EY KNOLLS
SUBJECT TO EASEAfENT, l.OT J. BLOCK J
\VHEREAS, the parcel is zoned R-2, Single and Two Family Residential; and,
\VHEREAS, the R-2 zoning district allows two separate driveways with a curb cut of
twenty (20) feet wide cach for two family dwellings with separated garages; and,
\VHEREAS, a driveway has been constmcted without a permit that increased thc curb
cut width to 65 feet; and,
\VHEREAS, the Planning Commission has reviewed the following documents regarding
this proposal:
1. Application
2, Zoning Map
3, Location Map
4, Sketch of Driveway
5. Photographic Documentation
6. Staff Report
WHEREAS, the Planning Commission held a public hearing regarding this request on
September 1, 2004; and,
\VHEREAS, the purpose of the variance provision in the Zoning Code is to give relie[to
property owners when the strict enforcement of the zoning code requirements imposes a hardship
thereby restricting the improvement of property due to practical difficulties brought about by
unique or extraordinary features of the physical property that are beyond the property owner's
control; and,
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WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View
Municipal Code, the Planning Commission is to review a standard set of criteria, of which all
must be satisfied, in order to grant a variance to the Zoning Code.
NO\V, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
hereby makcs the following findings of fact related to the hardship criteria identified in Section
1125.02 of the Mounds View Zoning Code:
1. The property is zoncd R-2, Single and Two Family Residential.
2. The R-2 zoning district allows two separate driveways, each with a curb cut up to
20 feet or the width of the garage, which ever is greater, for two-family dwellings
with separated garages.
3. A driveway has been constructed on the property, which increased the curb cut
width to 65 feet.
4. The property is regularly shapcd and is neither exceptional nor extraordinary
given the number ofpropcrties within the City that are zoned R-2.
5. The literal interprctation of the Code would NOT deprive the applicant of rights
commonly enjoyed by other properties in the same district in that the property is
not unique compared to other properties in the same zoning district.
6.
Granting a variance in this case WOULD confer a special privilege not enjoyed
by other propcrty owners in that there does not appear to be a sufficicnt hardship
to warrant approval of the variance.
7. Thc variance WOULD be materially detrimental to the purpose of this Title in
that there does not appear to be a sufticient hardship to wan-ant approval of the
vanance.
8. The hardship criteria as identified in Section 1125.02 have NOT been satistied.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review of the hardship criteria, testimony presented at the public
hearing and the identified findings of fact, does hereby deny the variance request to allow a
driveway to exceed the maximum curb cut width on the prope11y located at 7566/7568 Silver
Lake Road.
NOW, THEREFORE, BE IT FINALLY RESOLVED by the Planning Commission
that the applicant shall be notified of the right to appeal this denial to the City Council. The
appeal shall be submitted in writing within 10 business days oft~~.~ption of this Resolution.
Adopted this 1st day of September, 2004. /(Z~.~ C2 //,~(:':::~::::~::.'
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Gary Stevens , Chairper~on ~
Attest
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J ames Ericson, Community Dcvelopmcnt Director
( Seal)