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<br />.'"j{.~;"~~""~~~..~ r":~-",~ "~~ .~ <br />.~~ ~... " "',.'"-.". ....''''''''''''&..,,~.-'''.... <br />,- -~:f_.~~_,._ _ _ . " ""''''~~~--~1"'-,::.::' <br />':. ~.~.:; ~." .~ )/ .."!. .. ~Lt"~"L__L <br /> <br />Se tember 24, 1997 <br /> <br />Phi and Debra Lacher <br />29 2 Mildred Drive <br />Ro eville, MN 55113 <br /> <br />r Mr. and Mrs. Lacher: <br /> <br />Th purpose of this letter is to respond to your letter of September 17, 1997, regarding the <br />rep acement of a driveway at 2912 Mildred Drive. The existing driveway is less than five <br />fee from the south property line; therefore, it is not in compliance with the requirements <br />of t e City Code. A permit to replace your driveway in the same location cannot be issued <br />unl ss a variance from the provisions of Section 703.04(B)(9) is granted by the City <br />Co ncil. <br /> <br />Se tion 703.04(B)(9) of the City Code states, "residential driveways shall be constructed <br />so hat the edge of the driveway nearest to the side lot line shall be a minimum of five feet <br />fro the side lot line." Requests for a variance from this provision are normally processed <br />as inor variances in accordance with Section 1 013.02(C) of the City Code. As part of this <br />pro ss, the applicant must submit written statements from the affected property owner(s) <br />in upport of the variance request. If written consent from the neighboring property <br />ow er(s) cannot be obtained, the request must be processed as a normal variance. It is <br />my understanding that the adjacent property owner to the south of your parcel will not <br />pro ide written consent to your variance request. For this reason, the request must be <br />pro ssed as a variance in accordance with Section 1 013.02(B) of the City Code. <br /> <br />W also discussed the option of appealing City staff's interpretation of this requirement. <br />In ~ viewing City policy and requirements, it was found that any appeal of an administrative <br />de ision such as this is processed in the same manner as a variance request. <br /> <br />Co ies of Section 1013.02 of the City Code, a minor variance application form, and a <br />var ance application form are enclosed. If you have any questions or need additional <br />in~ rmation, please call me at 490.2236. <br /> <br /> <br />ely, <br /> <br />'jJep <br /> <br />M:\KIM\LACHER.L TR <br /> <br />, , <br /> <br />. ,. <br /> <br />. I .~:I' _ <br />