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and needs the additional parking area. Also, he felt it was safer to back out of • the driveway straight onto the street, rather than trying to follow a curve. He felt it would be a tremendous burden to change the driveway at this point. Chair Mesich asked if Mr.Moldenhauer was aware that a 30 foot driveway was shown on the building plan. Mr. Moldenhauer stated he was not aware of the size of the driveway on the building plan. Commissioner Pederson asked how long Mr. Moldenhauer has been building in Elk River. Mr. Moldenhauer stated that he has been building in Elk River for three years. Commissioner Pederson asked if this was the first time he has encountered this problem. Mr. Moldenhauer stated that this is the first time he had a request for a 38 foot driveway and was not aware of the City's 30 foot limit. Mr. Moldenhauer stated that he is asking for the Board's approval, since the driveway is already in place, and because of the fact that this lot is wider than the other lots in this area. Commissioner Baker stated that although he could empathize with the applicant's dilemma, he did not fee the request meets the findings necessary for granting a variance. Mr. Moldenhauer stated that he would be willing to sign a document which states he will not allow this situation to happen again. Chair Mesich stated that he agreed the request did not meet the variance • standards for approval and that it is the Board's responsibility to enforce the ordinance. Chair Mesich noted that if the Planning Commission denied the variance, it would be automatically forwarded to the City Council for appeal. Commissioner Johnson stated that he felt a 30 foot driveway is a large enough opening onto a public street and that is why the ordinance was established. Mr. Moldenhauer stated that this is a very large house (over$600,000) and is proportional to the driveway. There being no further public comment, Chair Mesich closed the public hearing. Commissioner Chambers asked if this request would be handled differently if Mr. Moldenhauer had asked for the additional driveway width before constructing it. Mr. Harlicker stated that the variance process would be the same. Commissioner Chambers asked if pavers could be installed where the additional concrete were removed. Mr. Harlicker stated that pavers would be considered a driveway surface. Commissioner Pederson stated that he felt the same standards should apply, whether it was a $50,000 home or a $600,000 home. COMMISSIONER BAKER MOVED DENIAL OF THE REQUEST BY MOLDENHAUER CUSTOM HOMES FOR A VARIANCE TO THE MAXIMUM DRIVEWAY WIDTH BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE • HARDSHIP.