01/08/2020 P&Z Packet - Laserfiche WebLink

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industrial, or public/semi public zoning district, as measured at the street right-of-way line unless approved by the City Engineer. The driveway associated with such curb cut may increase in width at an angle not greater than forty-five (45) degrees. Attachment 4 is a Driveway Exhibit depicting a 26 foot wide curb cut and 45 degree angle. The property is zoned PUD, Planned Unit Development and is located in an urban residential subdivision. The City Engineer does not approve widening of the curb cut. The property owners would be required to cut out a 6 inch wide section of the driveway. They are requesting a variance instead of having to cut out a section of the driveway. CRITERIA AND FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles upon various parcels of land or structures. The variance to allow for a 26.5 foot curb cut/ driveway width is harmonious with the general purposes and intent of the ordinance. 2. The variance shall be consistent with the comprehensive plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. The variance request is consistent with the comprehensive plan. The applicant's property is intended for single family dwellings with houses, garages and driveways. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner; however, there is no practical difficulty in complying with the required 26 foot curb cut/driveway width. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. 2