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The plight of the landowner was created by the sub -contractor installing a 26.5 foot wide <br />driveway. There are no unique circumstances to the property causing them to not be able to <br />comply with the ordinance. <br />5. The variance shall not alter the essential character of the locality. <br />The variance will not alter the essential character of the locality which is a single family <br />residential neighborhood with houses, garages and driveways. <br />6. A variance shall not be granted for any use that is not allowed under the ordinance for <br />property in the zoning district where the subject site is located. <br />The variance will not be granted for any use that is not allowed under the ordinance for property <br />in the zoning district. The property is zoned PUD, Planned Unit Development for a residential <br />subdivision and driveways are consistent with residential uses. <br />7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered <br />construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning <br />ordinance. <br />Not applicable. <br />RECOMMENDATION <br />Staff recommends denial of the variance to allow for a 26.5 foot curb cut/driveway width at 42 <br />Robinson Drive. <br />ATTACHMENTS <br />1. Site Location & Aerial Map <br />2. Certificate of Survey <br />3. Grading As -Built Survey <br />4. Driveway Exhibit <br />3 <br />